Renders this Judgment,
I.
THE PARTIES
1.
The Legal & Human Rights Centre and the Tanzania Human Rights
Defenders Coalition, (hereinafter referred to as “Applicants”) are NonGovernmental Organisations registered and operating in the United
Republic of Tanzania having observer status with the African Commission
on Human and Peoples’ Rights (hereinafter referred to as “Commission”).
They challenge Section 148(5) of the Criminal Procedure Act 1985
(hereinafter referred to as “the CPA”) as being incompatible with
international human rights standards.
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. On 21 November 2019, the Respondent State deposited
with the Chairperson of the African Union Commission, an instrument
withdrawing its Declaration. The Court has held that this withdrawal has no
bearing on pending and new cases filed before 22 November 2020, which
is the day on which the withdrawal took effect, being a period of one (1) year
after its deposit.1
1
Andrew Ambrose Cheusi v. United Republic of Tanzania (26 June 2020) (merits and reparations) 4
AfCLR 219, §§ 37-39.
2