Mandesy
Senior Member
- Mar 22, 2018
- 115
- 125
African Court dismisses case against Tanzania
By Francis Ameyibor, GNA
Accra, April 6, GNA – The African Court on Human and People’s Rights (African Court) has ruled that the United Republic of Tanzania did not violated the rights of Mr. Kijiji Isaiga, who is currently serving 30 years’ imprisonment at the Ukonga Central Prison in Dar es Salaam.
The African Court unanimously, ruled that Tanzania has not violated Articles 2 and 3 (1) and (2) of the Charter relating to freedom from discrimination and the right to equality and equal protection of the law, respectively.
The African Continental Court also held that Tanzania has not violated the right to defence of the appellant, Mr Isaiga in examining the evidence in accordance with Article 7 (1) of the Charter.
In a ruling dated March 21, made available to the Ghana News Agency in Accra, the African Court however held that Tanzania violated the Mr Isaiga’s right to a fair trial by failing to provide free legal aid, contrary to Article 7(1) (c) of the Charter.
The African Court however did not grant the applicant’s prayer for an order for his release from prison, without prejudice to the respondent not complying with his right to fair trial.
It therefore ordered Tanzania to take all necessary measures to remedy the violations, and inform the Court, within six months from the date of this judgment of the steps taken in that direction.
According to facts of the case, the applicant, Mr. Isaiga, is a national of Tanzania and currently serving 30 years’ imprisonment, following his conviction for the crimes of inflicting bodily harm and aggravated robbery.
The application relates to violations allegedly arising from a domestic procedure at the end of which the applicant was sentenced to 30 years’ imprisonment with 12 strokes of the cane for inflicting bodily harm and aggravated robbery.
According to the file and the judgments of domestic Courts, on 4 April, 2004, at around 20:00 hours in the village of Kihongera, District of Tarime, in the Mara Region, three individuals armed with a gun and machete burst into the residence of Ms. Rhobi Wambura, who was with her two children, Rhobi Chacha and Chacha Boniface.
The individuals ordered Ms. Rhobi and the children to lie face down, stating that they had come to claim the pension benefits paid to them from the estate of her late husband and the father of the two children.
When the family refused to comply, two of the attackers injured the children using a machete, while the third assailant who was keeping guard fired a warning shot.
Ms. Rhobi took the two assailants who had attacked the children into her bedroom and handed to them one million Tanzanian Shillings (about $450.00). After counting the money under the glare of a lantern, the assailants took two bags full of clothes and fled.
Following Ms. Rhobi’s and her children’s distress calls, many people, including one, Mr. Yusuf Bwiru, came to their rescue. Mr. Bwiru subsequently stated in his testimony that he found Ms. Rhobi and her children crying and calling the names of their neighbour Mr. Bihari Nyankongo’s nephew the applicant herein and another individual not identified as the attackers.
The victims maintained their accusation before Mr. Anthony Michack, the Commander of the local civil defence group and later at the Police Station, where they were taken.
The Police investigation, which opened on April 6, 2004, led to the recovery of an unused bullet and a cartridge from the scene of the attack and subsequently to the arrest of Mr. Nyankongo.
The latter allegedly admitted to having been involved in the attack and returned the stolen clothing to Ms. Rhobi and her children, denounced his accomplices and provided information on their whereabouts. Consequently, on April 7, 2004, the applicant was arrested in his village.
Charged with crimes of inflicting bodily harm and armed robbery contrary to Sections 228 (i), 285 and 286 of the Tanzanian Penal Code in Criminal Case No. 213 of 2004 in the District Court of Tarime, the Applicant was convicted and sentenced to 30 years in prison and 12 strokes of the cane.
Following the an appeal, the conviction and sentence were subsequently affirmed by the High Court and upheld by the Court of Appeal of Tanzania on September 19, 2012.
In his application, before the African Court, the Applicant alleged that the local Courts based their decisions on contestable evidence, in particular, the testimonies and exhibits that were improperly obtained and used.
In this regard, the applicant was of the opinion that the visual identification relied upon by the domestic courts was flawed.
GNA
By Francis Ameyibor, GNA
Accra, April 6, GNA – The African Court on Human and People’s Rights (African Court) has ruled that the United Republic of Tanzania did not violated the rights of Mr. Kijiji Isaiga, who is currently serving 30 years’ imprisonment at the Ukonga Central Prison in Dar es Salaam.
The African Court unanimously, ruled that Tanzania has not violated Articles 2 and 3 (1) and (2) of the Charter relating to freedom from discrimination and the right to equality and equal protection of the law, respectively.
The African Continental Court also held that Tanzania has not violated the right to defence of the appellant, Mr Isaiga in examining the evidence in accordance with Article 7 (1) of the Charter.
In a ruling dated March 21, made available to the Ghana News Agency in Accra, the African Court however held that Tanzania violated the Mr Isaiga’s right to a fair trial by failing to provide free legal aid, contrary to Article 7(1) (c) of the Charter.
The African Court however did not grant the applicant’s prayer for an order for his release from prison, without prejudice to the respondent not complying with his right to fair trial.
It therefore ordered Tanzania to take all necessary measures to remedy the violations, and inform the Court, within six months from the date of this judgment of the steps taken in that direction.
According to facts of the case, the applicant, Mr. Isaiga, is a national of Tanzania and currently serving 30 years’ imprisonment, following his conviction for the crimes of inflicting bodily harm and aggravated robbery.
The application relates to violations allegedly arising from a domestic procedure at the end of which the applicant was sentenced to 30 years’ imprisonment with 12 strokes of the cane for inflicting bodily harm and aggravated robbery.
According to the file and the judgments of domestic Courts, on 4 April, 2004, at around 20:00 hours in the village of Kihongera, District of Tarime, in the Mara Region, three individuals armed with a gun and machete burst into the residence of Ms. Rhobi Wambura, who was with her two children, Rhobi Chacha and Chacha Boniface.
The individuals ordered Ms. Rhobi and the children to lie face down, stating that they had come to claim the pension benefits paid to them from the estate of her late husband and the father of the two children.
When the family refused to comply, two of the attackers injured the children using a machete, while the third assailant who was keeping guard fired a warning shot.
Ms. Rhobi took the two assailants who had attacked the children into her bedroom and handed to them one million Tanzanian Shillings (about $450.00). After counting the money under the glare of a lantern, the assailants took two bags full of clothes and fled.
Following Ms. Rhobi’s and her children’s distress calls, many people, including one, Mr. Yusuf Bwiru, came to their rescue. Mr. Bwiru subsequently stated in his testimony that he found Ms. Rhobi and her children crying and calling the names of their neighbour Mr. Bihari Nyankongo’s nephew the applicant herein and another individual not identified as the attackers.
The victims maintained their accusation before Mr. Anthony Michack, the Commander of the local civil defence group and later at the Police Station, where they were taken.
The Police investigation, which opened on April 6, 2004, led to the recovery of an unused bullet and a cartridge from the scene of the attack and subsequently to the arrest of Mr. Nyankongo.
The latter allegedly admitted to having been involved in the attack and returned the stolen clothing to Ms. Rhobi and her children, denounced his accomplices and provided information on their whereabouts. Consequently, on April 7, 2004, the applicant was arrested in his village.
Charged with crimes of inflicting bodily harm and armed robbery contrary to Sections 228 (i), 285 and 286 of the Tanzanian Penal Code in Criminal Case No. 213 of 2004 in the District Court of Tarime, the Applicant was convicted and sentenced to 30 years in prison and 12 strokes of the cane.
Following the an appeal, the conviction and sentence were subsequently affirmed by the High Court and upheld by the Court of Appeal of Tanzania on September 19, 2012.
In his application, before the African Court, the Applicant alleged that the local Courts based their decisions on contestable evidence, in particular, the testimonies and exhibits that were improperly obtained and used.
In this regard, the applicant was of the opinion that the visual identification relied upon by the domestic courts was flawed.
GNA