menge c republique unie de tanzanie requete n 0432016 2023 afchpr 47 4 decembre 2023

menge c republique unie de tanzanie requete n 0432016 2023 afchpr 47 4 decembre 2023

The Court found that the national courts thoroughly examined the evidence, including witness credibility and the items in question, and the applicant did not demonstrate manifest error in the assessment of evidence. Therefore, there was no violation of the right to a fair trial under Article 7(1) of the Charter.

Source-derived case information.

Citation
menge c republique unie de tanzanie requete n 0432016 2023 afchpr 47 4 decembre 2023
Parties
Applicant: Shabani Menge; 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, Standard of Proof, Judicial Review
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Exhaustion of Domestic Remedies Standard of Proof Judicial Review

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Parties

Shabani Menge

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to a fair trial under Article 7(1) of the African Charter was violated
  2. 2 Whether the conviction was based on insufficient or unreliable evidence

Ratio Decidendi

The Court found that the national courts thoroughly examined the evidence, including witness credibility and the items in question, and the applicant did not demonstrate manifest error in the assessment of evidence. Therefore, there was no violation of the right to a fair trial under Article 7(1) of the Charter.

Court Disposition

Application dismissed

Orders

  • The Court declares itself competent.
  • The application is declared admissible.