vi. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
African Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Dadu Sumano Kilagela (hereinafter referred to as “the Applicant”) is a
national of Tanzania. At the time of filing the Application, he was
incarcerated at Uyui Central Prison, Tabora, Tanzania, having been
sentenced to thirty (30) years’ imprisonment for armed robbery. The
Applicant alleges a violation of his rights during the proceedings before
national courts.
2.
The Application is filed against the United Republic of Tanzania (hereinafter
referred to as “the Respondent State”), which became a party to the African
Charter on Human and Peoples’ Rights (hereinafter referred to as “the
Charter”) on 21 October 1986 and to the Protocol on 10 February 2006.
Furthermore, the Respondent State, on 29 March 2010, deposited the
declaration prescribed under Article 34(6) of the Protocol (hereinafter
referred to as “the Declaration”), through which it accepted the jurisdiction
of the Court to receive applications from individuals and Non-Governmental
Organisations having observer status with the African Commission on
Human and Peoples’ Rights. On 21 November 2019, the Respondent State
deposited an instrument withdrawing its Declaration with the Chairperson of
the African Union Commission. The Court held that this withdrawal has no
bearing on pending and new cases filed before the withdrawal came into
effect one (1) year after its deposit, in this case, on 22 November 2020.2
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§
37-39.
2
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