The Court found Tanzania violated the applicant’s right to free legal assistance in a rape case, but upheld the conviction and sentence and refused release.
The court found that the mandatory imposition of the death penalty under Tanzanian law violates Article 4 of the African Charter, as it deprives judicial officers of discretion and fails to consider individual circumstances, rendering the punishment arbitrary and contrary to the right to life. The method of execution by hanging was held to violate Article 5, as it constitutes cruel, inhuman, or degrading treatment and undermines human dignity. The applicant's allegations of torture and unfair trial were not substantiated, as domestic courts had addressed these issues and no manifest error or…
The Court found that the mandatory imposition of the death penalty under Section 197 of the Tanzanian Penal Code violates the right to life and dignity protected by Articles 4 and 5 of the African Charter. The lack of judicial discretion and failure to consider mitigating circumstances renders the sentence arbitrary and inhuman. The applicant exhausted all local remedies by appealing to the highest domestic court. The assessment of evidence and conduct of trial did not disclose manifest error or miscarriage of justice, and the applicant's right to a fair hearing was not violated. The Court aw…
The Court found that the applicant was informed of the grounds of arrest at the time of his apprehension, as evidenced by his own testimony before the District Court. The Court held that the applicant's identification at the scene was properly assessed by the domestic courts, with corroborative evidence from witnesses, and there was no indication of discrimination or unequal treatment. The evaluation of evidence by the domestic courts was found to be within their margin of appreciation, and no manifest error or miscarriage of justice was established. Regarding the right to defence, the Court…
The African Court held that Tanzania did not violate Article 3 of the Charter in a criminal appeal over gang rape and robbery convictions and life sentences.
The Court found that the Respondent State violated the Applicant's right to liberty under Article 6 of the Charter by failing to inform him of his right to bail, as the offence of rape was bailable under Tanzanian law and the Applicant, being self-represented and indigent, was not made aware of this right. The Court further held that the Respondent State violated the Applicant's right to defence under Article 7(1)(c) of the Charter and Article 14(3)(d) of the ICCPR by failing to provide free legal assistance during trial and appeals, given the seriousness of the charge and the Applicant's ind…