Application 020/2017 – Igola Iguna v. United Republic of Tanzania

Application 020/2017 – Igola Iguna v. United Republic of Tanzania

CASE SUMMARY

I. PARTIES

1. The Applicant is currently serving the death penalty for murder at Uyui Central
   Prison, Tabora. He was convicted and sentenced to death by hanging by the High
   Court of Tanzania at Tabora, which sentence and conviction was upheld by the
   Court of Appeal of Tanzania at Tabora.
2. The Applicant is self-represented.
3. The Application is against the United Republic of Tanzania.

II. SUBJECT OF THE APPLICATION

A. Facts of the matter

4. According to the record on file, on the night of 22 April, 1993, the Applicant and his
   close friend broke into his mother’s house (a widow), when she was sleeping with
   other children in the house. The Applicant proceeded to hack his mother with a
   Panga. Her screams woke her 10-year-old son who was sleeping in the same bed.
   She was crying out and asking why Igola her son and also the Applicant was killing
   her. Her younger son proceeded to defend his mother with a stick but got cut in the
   process on his arm. During the commotion, he realized and recognized that the
   attacker was his brother Igola and his close friend, who was also a distant relative.
   There was a powerful torch used in the room and he recognized his brothers face as
   well as his voice. The attackers then fled the house and the mother was rushed to
   hospital by the neighbors. Before her death, she identified the attacker as her son,
   the Applicant. She died that night and the Applicant attended her burial but was only
   arrested 4 months later.
5. The Applicant was charged and convicted of murder contrary to Section 196 of the
   Penal Code Cap.16. Following this, he was arrested four (4) months later after the
   night of the attack, tried and sentenced to death by hanging on 27 March 2001.

6. Being dissatisfied with the conviction and sentence of the High Court of Tanzania at
   Tabora in Criminal Case N0. 55 of 1995 he appealed the decision of the High Court
   of Tanzania to the Court of Appeal of Tanzania at Tabora, in Criminal Appeal N0. 34
   of 2001, where his appeal was dismissed in its entirety on 28 June 2003.

B. Alleged violations

7. The Applicant alleges that “the judgment of the Court of Appeal was procured by
   errors against him when the Court did not evaluate and examine the evidence that
   was given by Prosecution Witness 2.”
8. The Applicant alleges that the evidence that the Court of Appeal relied on was
   primarily based on identification by torch.

III. APPLICANT’S PRAYERS

9. The Applicant prays the Court:
   a. To make an Order quashing both conviction and sentence
   b. To order his release from custody
   c. To be granted reparation pursuant to Article 27 (1) of the Protocol
   d. To grant any other legal remedy sought that the Court may deem fit in the
   circumstances of the Applicants complaints.