African Court for Human and Peoples’ Rights (AfCHPR)
By Mtua Salira, EANA, Arusha
A case in which a Tanzanian, Mr Alex Thomas, who is claiming that his basic rights have been infringed upon by the Tanzania’s justice comes up before the African Court for Human and Peoples’ Rights (AfCHPR) tomorrow (Dec 3) in Addis Ababa, Ethiopia.
The public hearing has coincided with the Arusha-based Court’s Ordinary Session of Judges in Addis. In 1998, the Tanzania’s trial court convicted Thomas of armed robbery, and he is currently serving a 30-year sentence at Karanga Central Prison in Kilimanjaro Region. In May 2009, the Tanzanian Court of Appeal upheld his conviction.
He has sought for a review of his case but alleges that nothing was forthcoming. In June 2009, Thomas applied to the African Court to review the appellate decision, claiming that the Tanzanian justice system was unduly delaying in considering his request for a case review.
In his application, Thomas was alleging that his trial before the Tanzanian courts suffered from multiple deficiencies. He claims, among others, that the court lacked jurisdiction, because the alleged robbery was committed in Kenya. He argues that the prosecution did not prove his guilt beyond a reasonable doubt, in that the prosecution’s evidence was inconsistent regarding Thomas’ use of a gun and the ownership of the property that was allegedly stolen.
Additionally, Thomas asserted that he was denied his right to be heard, and that he was not provided with defense counsel as required by the Tanzania’s constitution. Thomas is requesting the African Court to quash the Tanzanian trial and appellate courts’ decisions, and to make any order that it finds appropriate, including acquitting and freeing him.