Convict fighting Tanzania Appeal court decision in African Court

BY MTUWA SALIRA

3rd December 2014.

  Hearing today in Ethiopia

The Alex Thomas versus the Tanzania justice system case comes up before the African Court for Human and Peoples’ Rights (AfCHPR) today in Addis Ababa, Ethiopia.

In the case, Thomas, a Tanzanian, is claiming infringement of his basic rights by justice system. 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. 
Over ten years later in May 2009, the Tanzanian Court of Appeal upheld his conviction which Thomas sought for a review of his case but alleged nothing was forthcoming.

A month later in June 2009, Thomas applied to the African Court to review the appellate decision, claiming that the Tanzanian justice system was unduly delaying consideration of his request for a case review.

In his application, Thomas was alleging that his trial before the Tanzanian courts suffered from multiple deficiencies 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, because according to him the prosecution’s evidence was inconsistent in weapon used at the time of crime 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 defence counsel as required by the Tanzania’s constitution.

Thomas is requesting the African Court to squash the Tanzanian trial and appellate courts’ decisions and to make any order that it finds appropriate, including acquitting and freeing him.

 

SOURCE: THE GUARDIAN