iii.
That the Respondent State set aside the death sentence imposed on
him and remove him from death row;
iv. That the Respondent State amend its Penal Code and related legislation
concerning the death sentence to make it compliant with Article 4 of the
Charter;
v.
That the Respondent State release him from prison; and
vi. That the Respondent State pay reparations in such an amount as the
Court deems fit.
12. The Respondent State prays the Court to find:
i.
That the Court is not vested with jurisdiction to adjudicate over the
Application;
ii.
That the Applicant has no locus to file the Application before the Court
and hence should be denied access to the Court as per Article 5(3) and
34(6) of the Protocol;
iii.
That the Application be dismissed as it does not meet the admissibility
requirements stipulated under Rule 40(5) of the Rules;3
iv. That the Application be dismissed as it does not meet the admissibility
requirements stipulated under Rule 40(6) of the Rules;4 and
v.
That the Application be dismissed.
13. The Respondent State further prays the Court to grant the following orders:
i.
That the Respondent State did not violate Article 2 of the Charter;
ii.
That the Respondent State did not violate Article 3(1) and (2) of the
Charter;
iii. That the Applicant’s request for re-evaluation of the evidence be denied
and that the Court declare that it lacks jurisdiction to do so;
iv. That the Respondent State did not violate accepted principles of human
rights and international law;
v.
That the Respondent State did not violate Articles 13(1)(2), (3), (4), (5),
(6)(a) and 107A and 107B of the Constitution of the United Republic of
Tanzania (the Constitution);
3
4
Rule 50(2)(e) of the Rules of 25 September 2020.
Rule 50(2)(f) of the Rules of 25 September 2020.
5