kimilu and another c united republic of tanzania requete n0452016 2023 afchpr 43 7 novembre 2023

kimilu and another c united republic of tanzania requete n0452016 2023 afchpr 43 7 novembre 2023

The Court found no violation of the applicants' right to a fair trial under Article 7 of the African Charter. The national courts addressed all issues raised by the applicants, including the determination of the weight of the seized drugs, proof of possession, and the delay in transmitting evidence. The absence of a...

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Citation
kimilu and another c united republic of tanzania requete n0452016 2023 afchpr 43 7 novembre 2023
Parties
Applicant: Charo Said Kimilu; Applicant: Mbwana Rua Kubo; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Right to Fair Trial, Exhaustion of Domestic Remedies, Judicial Review, Criminal Procedure, Appeal Process
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Exhaustion of Domestic Remedies Judicial Review Criminal Procedure Appeal Process

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Parties

Charo Said Kimilu

Applicant

Mbwana Rua Kubo

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicants' right to a fair trial under Article 7 of the African Charter was violated by the national proceedings, specifically regarding (i) the determination of the weight of seized Cannabis Sativa, (ii) proof of possession, (iii) delay in transmitting evidence to the government chemist, and (iv) the absence of a Supreme Court in Tanzania.

Ratio Decidendi

The Court found no violation of the applicants' right to a fair trial under Article 7 of the African Charter. The national courts addressed all issues raised by the applicants, including the determination of the weight of the seized drugs, proof of possession, and the delay in transmitting evidence. The absence of a Supreme Court does not constitute a violation as long as there is a right to appeal from the first instance decision. The applicants exhausted domestic remedies, and the application was filed within a reasonable time given their incarceration. No evidence was presented to show any miscarriage of justice or procedural unfairness warranting intervention by the African Court.

Court Disposition

Application dismissed

Orders

  • The exception of lack of material competence is rejected.
  • The Court is competent to hear the case.