000311' Mr. Elisha E. SUKA, Foreign Service Officer, Ministry of Foreign Affairs, East IV African, Regional and lnternational Cooperation; after deliberation, delivers the following Judgment I. THE PARTIES 1. Mr. Oscar Josiah, (hereinafter referred to as "the Applicant"), is a national of Tanzania who is imprisoned at Butimba Central Prison in Mwanza, Tanzania after being convicted of murder and sentenced to death. 2. The Respondent State, the United Republic of Tanzania, became a Party to the African Charter on Human and Peoples' Rights (hereinafter referred to as "the Charte/') on 21 October 1986, and to the Protocol on 10 February 2006. Furthermore, on 29 March 2010, the Respondent State deposited the declaration required under Article 34 (6) of the Protocol, (hrough which it accepts the jurisdiction of the Court to receive cases from individuals and Non-Governmental Organisations. II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. lt emerges from the file that the Applicant, Oscar Josiah and his wife, were married in 201 1 and were living together at Chankila village in the North West of Tanzania. At the time of their marriage, the Applicant's wife was pregnant by another man but apparently, the Applicant did not have any problem with this situation. =h,'*L -/' 2