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Tanzania decisions
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Failure by the trial court to comply with mandatory procedural requirements under sections 210(3) and 231(1) of the Criminal Procedure Act prejudiced the appellant's right to defence and vitiated the proceedings, rendering the conviction and sentence a nullity.
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The Respondent State violated the Second Applicant's right to defence by failing to provide free legal assistance during trial and appeals, contrary to Article 7(1)(c) of the Charter and Article 14(3)(d) ICCPR. The imposition of life imprisonment on a minor, without applying a more lenient penalty introduced by subsequent legislation, violated Article 15(1) ICCPR. The introduction of corporal punishment as an alternative sentence for minors violated Article 5 of the Charter. The sentencing failed to consider the best interests of the child as required by Article 17(3) ACRWC and Article 40(1)…
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The High Court allowed a criminal appeal, quashed convictions for rape and impregnating a schoolgirl, and set aside 30-year sentences due to evidential and procedural defects.
Non-compliance with section 231 of the Criminal Procedure Act, specifically the failure to deliver a ruling on a case to answer and to inform the accused of his rights, is a fundamental defect that results in a miscarriage of justice and renders the proceedings from that stage a nullity, necessitating a retrial from the close of the prosecution's case.
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The Applicant exhausted local remedies and the Court has jurisdiction. The evidence shows the Applicant was informed of charges, properly identified, and given opportunity to call witnesses. Domestic courts evaluated evidence in accordance with fair trial standards. No violation of Articles 2, 3, or 7(1) of the Charter was established.
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The High Court dismissed a criminal appeal against a rape conviction, upholding identification, evidence of penetration, and the 30-year sentence.
The African Court held that Tanzania did not violate Umalo Mussa’s fair trial rights arising from a murder conviction based on a confession, delay claims, and counsel issues.
The African Court held that Tanzania did not violate Shija Juma’s fair-trial or defence rights in his rape conviction, and it dismissed the reparations claim.
The Court found that the petitioner was afforded opportunities to defend himself, domestic remedies were exhausted, evidence was credible and properly assessed, and no manifest error or miscarriage of justice occurred. Thus, no violation of the Charter was established.
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Applicant absconded from trial, national courts followed prescribed procedures, evidence was credible and corroborated, voir dire was properly conducted, and no manifest error or denial of justice occurred. No violation of fair trial or defence rights established.
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