THE MATTER OF CROSPERY GABRIEL AND ERNEST MUTAKYAWA V. UNITED REPUBLIC OF TANZANIA APPLICATION No. 050/2016

Abstract

The Applicants allege that the Respondent State violated their rights to non-discrimination; equality before the law and equal protection; life; dignity; and a fair trial protected under Articles 2, 3, 4, 5 and 7 of the Charter respectively. They specifically contend that the violations occurred because: i. The domestic courts did not consider the Applicants’ evidence, nor did they give reasons for disregarding the evidence; ii. The domestic courts contravened section 240 of the Respondent State’s Criminal Procedure Act (hereinafter referred to as “CPA”), because the post mortem report of the deceased was improperly admitted as evidence; iii. The domestic courts erred when they convicted the Applicants based on inconsistent and contradictory testimonies of witnesses whose credibility was questionable. iv. The prosecution failed to prove its case beyond reasonable doubt. v. The mandatory death penalty, as prescribed by the Respondent State’s Penal Code, offends their right to dignity as enshrined in Article 5 of the Charter. vi. The mandatory death penalty imposed on them violates their right to life, enshrined in the Universal Declaration of Human Rights and Articles 13(6)(d) and 14 of the Respondent State’s Constitution.