44. By a letter dated 5 November, PALU informed the Registry that it wished to maintain the Applicant and
Professor Leonard P. Shaidi as witnesses. The Applicant would render testimony in relation to the facts and
circumstances surrounding his arrest, interrogation, detention and search and seizure of his property and
Professor Leonard P. Shaidi would be on hand to testify and assist the Court to understand the obtaining
criminal law and proce re of the Respondent State, which should apply or should have been applicable to
the Applicant.
45. By a letter dated 18 November 2013, the Respondent submitted a new list of witnesses. The
Respondent also sought directions from the Court on the whether the Court issues summons only to
witnesses, experts or other persons it intends to hear or also to witnesses that the Parties intend to call.
The Respondent also sought directions on the appropriate time to challenge the competence of the
Applicant's expert witness, the criteria for qualification of an expert witness, the grounds for disqualification
of an expert witness and the procedure provided by the Court to obtain the credentials and Curriculum
Vitae of the Applicant 's expert witness. The Respondent also sought the leave of the Court to produce
relevant documents In respect of the Criminal Cases that the Applicant is basing the Application on.
46. By a letter dated 26 November 2013, the Registrar responded to the Respondent's letter of 18
November 2013 on the issues raised by the Respondent and also attaching the programme for the hearing.
This letter was copied to the Applicant.
47. By a letter dated 26 November 2013, the Respondent submitted a list of its representatives during the
hearing.
48. A public hearing was held, at the seat of the Court in Arusha, Tanzania, on 2, 3 and 4 December 2013,
during which arguments were heard on both the preliminary objections and the merits The appearances
were as follows :
For the Applicant
Mr Donald Deya, Advocate
Mr. Rashid Rashid, Advocate Mr Selemani Kmyunyu,
Advocate
For the Respondent:
Ms. Sarah D. Mwaipopo
Acting Director-Principal State Attorney
Division of Constitutional Affairs and Human Rights Attorney General's Chambers
Mr. Edson Mweyunge
Assistant Director-Principal State Attorney Division of Contracts and Treaties Attorney General's Chambers
Mr. Michael Luena Principal State Attorney
Division of Litigation and Arbitration Attorney General's Chambers
Ms. Nkasori Sarakikya Principal State Attorney
Division of Constitutional Affairs and Human Rights
Attorney General's Chambers
Mr. Mark Mulwambo Senior State Attorney
Division of Constitutional Affairs and Human Rights Attorney General's Chambers
Ms. Eliainenyi Njiro State Attorney
Attorney General's Chambers
49. The Court also heard the following witnesses :
For the Applicant:
- The Applicant. Mr. Peter Joseph Chacha
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