001093
jurisdiction to make a determination on matters of evidence already finalized by the
highest tier of the Respondent State’s justice system.
31.The
Applicant,
for his part,
submits
that this Court
has jurisdiction,
given
that,
according to its Rules, the Court is empowered to evaluate the evidence on record
concerning the Applicant's status and citizenship.
RK
32.This Court recalls that, as it has consistently held,’ it is not an appeal court with
respect to decisions
rendered
case-law,
not preclude
national
this does
courts
in order
by national courts. However,
it from
to determine
examining
whether. they
as underscored
relevant
are
in
proceedings
consonance
standards set out in the Charter or any other applicable human
in its
in the
with
the
rights instrument to
which the Respondent State is a Party.?
33.The
Court notes that, in the instant case, the complaints
raised by the Applicant
pertain to the question as to whether the domestic proceedings were in conformity
with international fair trial standards guaranteed in the Charter and other international
instruments ratified by the Respondent State. These are matters which, pursuant to
Article 3 of the Protocol, fall within the purview of this Court's jurisdiction, regardless
of the fact that they may relate to the assessment of evidence determined by the
domestic courts.
1 See Application No. 001/2015. Judgment of 07/12/2018 (Merits and Reparations), Armand Guehi v. United
Republic of Tanzania (Armand Guehi v. Tanzania (Merits and Reparations), § 33. See also Alex Thomas
v. Tanzania (Merits), (2015) 1 AfCLR 465, §§ 60-65; and Application No. 006/2015. Judgment of 23/03/2018
(Merits), Nguza Viking and Johnson Nguza v. United Republic of Tanzania (Nguza Viking and Johnson
Nguza v. Tanzania (Merits), § 35.
2 See Armand Guehi v. Tanzania (Merits and Reparations), § 33; See also Application No. 024/2015.
Judgment of 07/12/2018 (Merits), Werema Wangoko Werema and Another v. United Republic of Tanzania
(Werema Wangoko Werema and Another v. Tanzania (Merits), § 29; Alex Thomas v. Tanzania (Merits), §
130; Application No. 007/2013. Judgment of 03/06/2016 (Merits), Mohamed Abubakari v. United Republic
of Tanzania (Mohamed Abubakari v. Tanzania (Merits), § 26; and Ernest Francis Mtingwi v. Malawi
(Admissibility) (2013) 1 AFCLR 190, § 14.