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Tanzania decisions
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The High Court allowed a criminal appeal after finding fatal procedural defects in the trial, including failure to properly swear or affirm the interpreter and accused.
The appeal was dismissed because the court found no procedural irregularities, the victim's evidence was properly translated by a sworn interpreter, all elements of statutory rape were proved beyond reasonable doubt by credible and corroborated evidence, and the appellant's new arguments were unfounded and raised too late.
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The mandatory imposition of the death penalty under Tanzanian law violates the right to life as it removes judicial discretion and constitutes arbitrary deprivation of life. Death by hanging violates the right to dignity. The delay of nearly seven years between arrest and trial violated the right to be tried within a reasonable time. No violation was found regarding legal representation, interpretation services, or conviction on insufficient evidence.
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The court found that the evidence of the victim was credible and consistent, and the contradictions alleged by the appellant were not material. The absence of a sworn interpreter during part of the proceedings led to the expunging of Pw3's evidence, but the remaining evidence was sufficient to uphold the conviction. The appellant was not prejudiced regarding the sentence due to statutory minimums.
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The High Court allowed a criminal appeal, finding the guilty plea equivocal because interpretation was not ensured and the charge was defective for variance in particulars.
The Court found that the applicants' rights to a fair trial and equality before the law were not violated, as the Tanzanian judicial system provided for appeal to the highest court, the evidence was duly considered by national courts, no unequal treatment was established, and the need for an interpreter was not communicated. The exhaustion of domestic remedies requirement was satisfied as applicants had appealed to the highest court and were not required to pursue extraordinary remedies.
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