v.
Ms Blandina KASAGAMA, Ministry of Foreign Affairs and East African
Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Hassan Bundala Swaga (hereinafter referred to as “the Applicant”), is a
national of Tanzania, who at the time of filing the Application, was
incarcerated at Butimba Central Prison in the Mwanza. He was convicted of
rape of an eight-year-old minor and sentenced to life imprisonment. He
alleges violation of his rights before the domestic 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. On 21 November 2019, the Respondent State deposited
with the Chairperson of the African Union Commission, an instrument
withdrawing its Declaration. The Court held that this withdrawal has no
bearing on pending and new cases filed before the withdrawal came into
effect, that is, one (1) year after its deposit, which is on 22 November 2020.2
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§
37-39.
2