I. THE PARTIES 1. Edison Simon Mwombeki (hereinafter referred to as “the Applicant”) is a national of the United Republic of Tanzania. At the time of filing the Application, he was imprisoned at Butimba Central Prison, Mwanza, having been tried, convicted and sentenced to 30 years imprisonment for the offence of rape. He alleges 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, on 29 March 2010, the Respondent State 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 (hereinafter referred to as “NGOs”). On 21 November 2019, the Respondent State deposited, with the African Union Commission, an instrument withdrawing the said Declaration. The Court has held that this withdrawal has no bearing on pending cases and new cases filed before 22 November 2020, which is the day on which the withdrawal took effect, being a period of one year after its deposit.2 II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the record that on 17 January 2014, the Applicant, a bishop of the Tanzania Field Evangelism Church, allegedly raped a 16-year-old 2 Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, § 38. 2