000ls? Mr. Elisha E. suKA, Foreign service officer, Ministry of Foreign Affairs, VI East Africa, Regional and lnternational Cooperation. after deliberation, delivers the following Judgment: I. THE PARTIES 1. The Applicant, Mr. Minani Evarist, is a national of the United Republic of Tanzania, currently serving a thirty (30) years' prison term for the crime of rape at Butimba Central Prison in Mwanza. 2' The Respondent State, the United Republic of Tanzania, became a party to the African Charter on Human and Peoples' Rights (hereinafter referred to as ,,the Charter") on 21 October, 1986 and also became a Party to the protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights (hereinafter referred to as ,,the Protocol") on 10 February 2006. Furthermore, the Respondent State deposited the declaration prescribed underArticle 34(6) of the Protocol on 2g March 2010. I!. SUBJECT OF THE APPLICATION A. Facts of the Matter 3. According to the records, in criminat case No. 155/2005 before the District Court of Ngara, the Applicant was convicted and sentenced on 30 March 2006, to 30 years imprisonment for having committed the crime of rape of a fifteen (15) year old girl, an offence punishable under Sections 130(1) and (2)(e) and section 131(1) of the Tanzanian penal code, as Revise d in 2002. 4. The Applicant filed Criminal Appeal No. 43/2006 before the High Court Tanzania at Bukoba (hereinafter referred to as ,the High court',); and e .=-Y of inal -Yfi^€- e 6 e- \