3.
The Applicant alleges, mter alia, that:
(a)
He had no legal representation for his Application for Review at the Court of
Appeal and thus he was deprived of his right to be heard contrary to Article
3(2) of the African Charter on Human and Peoples ' Rights (heremafter
referred to as "the Charter").
(b)
His conviction had been totally based on visual identification by a single
witness and that it was not supported by all elementary factors.
(c)
The Court of Appeal supported the finding of the High Court despite nonCitation of specific legal provisions.
(d)
The Court of Appeal seriously misdirected itself on points of law including
satisfying itself that the prosecution evidence was beyond reasonable
doubt.
(e)
The Application for Review despite being registered in 2012. has not been
heard or listed to date. Further, that the Court of Appeal is prejudiced against
him since subsequent Applications for Review have been heard.
II.
Procedure before the Court
4.
The Application was received at the Registry of the Court on 4 January, 2016.
5.
Pursuant to Rule 36 of the Rules of Court, on 25 January 2016, the Registry
served the Application on the United Republic of Tanzania
Ill.
Jurisdiction
6.
In dealing with an Application , the Court has to ascertain that it has jurisdiction on
the merits of the case under Articles 3 and 5 of the Protocol
7.
However, in ordering provisional measures, the Court need not satisfy 1tself that
it has jurisdiction on the merits of the case , but simply needs to satisfy itself, prima
facie, that it has jurisdiction.1
1
See Application 002/2013 African Commission on Human and Peoples' Rights v Libya (Order
for Prov1s1onal Measures dated15 March 2013) and Application 006/2012 African Commiss1on
2