000811
On admissibility
iii.
Dismrsses the objection to the admissibility of the Application;
iv.
Declares that the Application is admissible
On the merits
v.
Finds that the alleged violation of Applicant's right to equal protection before
the law provided for in Article 3 of the Charter, the content of which is similar
to Article 13 (2) and (5) of the Tanzanian Constitution has not
been
established;
VI
Finds that the Respondent State has violated Article 7(1Xc) of the Charter
by failing to provide the Applicant with lega! aid;
vii.
Finds that the Respondent State
has violated Article 7(1)(c) of the Charter
by failing to hear the Applicant's defence witnesses;
vlil
Finds that the Respondent State has violated Article 7 of the Charter by
convicting the Applicant on the basis
of
insufficient evidence and
contradictory statements of the prosecution witnesses;
tx.
Dt'smt'sses the Applicant's prayer for the Court to quash his conviction and
sentence;
x.
Dismisses Applicant's prayer for the court to directly order his release from
prison;
xt
Orders the Respondent State to reopen the case within six (6) months in
conformity with the guarantees of a fair trial pursuant to the Charter and
other relevant international human rights instruments and conclude the trial
within a reasonable time and, in any case, not exceeding two (2) years from
the date of notification of this judgment.
xii.
Orders the Respondent State
to report on the implementation of this
judgment within a period of two (2) years from the date of notification of this
judgment.
ry
26
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