Burden of proof
Where an individual liberty is at stake, the onus of proof lies on the respondent state for the
presumption is in favour of the applicant (Peter Joseph Chacha v The United Republic of
Tanzania, application 003/2012, judgment, 28 March 2014). However, where the respondent
state challenges the allegations made by the application, the applicant bears the burden of
proof relating to such allegations (Abubakari Mohamed v The United Republic of Tanzania ,
Merits, Application 007/2013, 3 June 2016, para 99).