I.
THE PARTIES
1.
Kabalabala Kadumbagula and Daud Magunga (herein after referred to as
“the First Applicant” and “Second Applicant” respectively or “the Applicants”
jointly) are nationals of Tanzania currently serving sentences of life
imprisonment at the Uyui Central Prison, Tabora, having been convicted of
gang rape. The Applicants allege the violation of their rights in the
proceedings before 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, on 29 March 2010, the Respondent State 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 African Union Commission, an instrument withdrawing the said
Declaration. The Court has held that this withdrawal has no bearing on
pending cases and new cases filed before 22 November 2020, which is the
day on which the withdrawal took effect, being a period of one year after its
deposit.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
The Applicants, together with two others who are not part of the proceedings
before this Court, were charged with abduction and gang rape at the District
Court of Kibondo. The District Court acquitted the Applicants of the
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§
37-39.
2