000 237 v. Mr. Elisha SUKA, Foreign Service Officer, Ministry of Foreign Affairs lnternational, Regional and East Africa Cooperation, after deliberation, delivers the following Judgment: I. THE PARTIES 1 The Applicant, [/lr. Anaclet Paulo, is a citizen of the United Republic of Tanzania, who at the time of filing this Application was serving a thirty (30) years prison term at the Butimba Central Prison in Mwanza, Tanzania. 2 The Respondent State is the United Republic of Tanzania 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 to the African Charter on Human and Peoples' Rights on the Establishment an African Court on Human and Peoples' Rights on 10 February 2006. lt deposited the Declaration prescribed under Article 34(6) of the Protocol on 29 March 2010. SUBJECT OF THE APPLICATION A. Facts of the Matter 3. The file record indicates that on the night of 28 July 1997, four individuals forced their way into the home of a certain Benjamin Mhaya Simon, in the village of lzingo Nshamba; and after tying up the latter and his wife, they made away with a sum of Eight Hundred Thousand Tanzania Shillings (TZS 800,000), a radio cassette player, five trousers, two wrist watches and three pairs of loin cloth. 4 On the same night, the Applicant and three other individuals were arrested by the Police and charged with the offence of armed robbery with violence. By 2 S