mgira v united republic of tanzania application no 0032019 2023 afchpr 8 13 june 2023
The assessment of evidence by national courts did not disclose manifest error or miscarriage of justice; Applicant's rights to fair trial and equality before the law were not violated; Application was admissible but no violation established.
- Citation
- mgira v united republic of tanzania application no 0032019 2023 afchpr 8 13 june 2023
- Parties
- Applicant: Thomas Mgira; Respondent State: United Republic of Tanzania
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 13 June 2023
- Procedural Posture
- Application / Final Judgment
- Outcome
- Application dismissed; no violation found.
- Legal Topics
- Right to Fair Trial, Equality Before the Law, Death Penalty, Admissibility, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Thomas Mgira
Applicant
United Republic of Tanzania
Respondent State
Procedural Posture
Application / Final Judgment
Legal Issues
- 1 Whether the conviction was based on unreliable evidence violating the right to a fair trial under Article 7 of the Charter
- 2 Whether the assessment of evidence was discriminatory violating the right to equality under Article 3 of the Charter
Ratio Decidendi
The assessment of evidence by national courts did not disclose manifest error or miscarriage of justice; Applicant's rights to fair trial and equality before the law were not violated; Application was admissible but no violation established.
Court Disposition
Application dismissed; no violation found.
Orders
- Dismisses material objection to jurisdiction
- Declares jurisdiction
Full Case Text
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