Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-27-970-430
PRESS RELEASE
JUDGMENT SUMMARY
The first issue was whether the Applicant’s right to a fair trial was violated, by the domestic courts
dismissing his application for leave to file for review out of time. The Court held that the manner in which
the application for leave to file for review out of time was handled in the national courts did not disclose
any manifest error or miscarriage of justice to require its intervention. The Court noted that the Court of
Appeal had dismissed his application in accordance with its Rules because, it did not demonstrate
prospects of success. The Court therefore dismissed this allegation.
Secondly, the Court determined whether the Applicant was denied free legal assistance of his choice in
violation of the Charter. The Court found that the Applicant had been provided with free legal assistance.
Further, the Court also held that the right to free legal assistance of one’s choosing is not absolute but
rather, the important consideration was that the Applicant was effectively represented. Therefore, the
Court dismissed this allegation because there was nothing on record to indicate that the Applicant was not
effectively represented by the lawyers provided for him by the State. Furthermore, the Applicant had not
substantiated his claim.
Finally, the Court considered whether the manner of the evaluation of evidence by the Court of Appeal
was proper. The Court found that in assessing the probative value of the said evidence, the national courts
followed the procedures in this regard according to the applicable laws. Therefore, the Court dismissed
this allegation.
Having found that there were no violations of the Applicant’s rights, the Court dismissed the Applicant’s
prayers for reparations. Each Party was also ordered to bear its own costs.
Justice Blaise Tchikaya issued a Separate Opinion in which he discussed the need for the Respondent
State to gradually develop its laws towards the abolition of the death penalty in line with developing
international practice.
Further Information
Further information about this case, including the full text of the decision of the African Court, may be found
on the website at: https://www.african-court.org/cpmt/details-case/0042016
For any other queries, please contact the Registry by email registrar@african-court.org.
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