I.
THE PARTIES
1.
Tembo Hussein (hereinafter referred to as “the Applicant”) is a national of
the United Republic of Tanzania. At the time of filing the Application he was
on death-row at Uyui Central Prison, Tabora, having been tried, convicted
and sentenced to death by hanging for the offence of murder. He alleges
the violation of his rights during the proceedings before the national courts.
2.
The Application is filed against the United Republic of Tanzania (hereinafter,
“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 provided
for 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 Non-Governmental Organisations
with observer status before the African Commission on Human and
Peoples’ Rights. 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 withdrawal has no
bearing on pending cases or on new cases filed before the withdrawal came
into effect, that is, one year after its deposit, which is on 22 November
2020.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that the Applicant was arrested on 27 September
2006 at Masumbwe village within Kahama District in Shinyanga region and
charged with the murder of one Angelina Hungwi by inflicting on her multiple
2 Andrew Ambrose Cheusi v. United Republic of Tanzania (26 June 2020) (merits and reparations) 4
AfCLR 219, §§ 37-39.
2