iv. Ms. Nkasori SARAKIKYA, Assistant Director, Human Rights, Principal State
Attorney, Office of the Solicitor General;
v. Mr. Mark MULWAMBO, Principal State Attorney, Office of the Solicitor General;
and
vi. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
African Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Crospery Gabriel and Ernest Mutakyawa (hereinafter referred to as “the
Applicants”) are Tanzanian nationals who were tried, convicted and
sentenced to death for the offence of murder. At the time of filing this
Application, the Applicants were detained at Butimba Central Prison,
Mwanza. The Applicants allege a violation of their rights during proceedings
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, on 29 March 2010, the Respondent State deposited the
Declaration prescribed under Article 34(6) of the Protocol (hereinafter
referred to as “the Declaration”), by virtue of which it accepted the
jurisdiction of the Court to receive applications from individuals and NonGovernmental Organisations (NGOs) with observer status before the
African Commission on Human and Peoples’ Rights (hereinafter referred to
as “the Commission”). 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
2