After deliberation, renders the following Judgment: I. THE PARTIES 1. The Application is filed by Mr. George Maili Kemboge (hereinafter referred to as "the Applicant"), a citizen of the United Republic of Tanzania, who is currently serving a thirty (30) years prison sentence at the Butimba Central Prison in Jvlwanza, 2. for the crime of rape of a minor. 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 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 under Article 34(6) of the Protocol on 29 March 2010. II. A. SUBJECT OF THE APPLICATION Facts of the matter 3. The records indicate that on 14 August 2006, in Criminal Case No. 110l2OOo before the District Court of Tarime, the Applicant was convicted and sentenced to thirty (30) years' imprisonment, twelve strokes of the cane and payment of a fine of Tanzania Shillings Five Hundred Thousand (TZS 500,000) for having committed the crime of rape of a girl of 15 years of age, an offence punishable under Section 130(1) and (2)(e) and Section 131(1) of theTanzania Penal Code Cap. 16, as revised in2002 (hereinafter referred to as the "Penal Code"). 4. The Applicant filed Criminal Appeal No. 85/2012 before the High Court of Tanzania sitting at l/lwanza (hereinafter referred to as the "High Court"); and Criminal Appeal No. 32712013 before the Court of Appeal of Tanzania sitting at r' "2