I. THE PARTIES 1. Mr Kija Nestory Jinyamu (hereinafter referred to as “the Applicant”) is a national of the United Republic of Tanzania who is currently incarcerated in Uyui Central Prison. He is awaiting execution, having been tried and convicted of murder. The Applicant alleges the violation of his right to a fair trial during the domestic proceedings. 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 (hereinafter referred to as “NGOs”). 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. It emerges, from the record, that on 23 August 1999, the Applicant was found in possession of twenty-two (22) heads of marked cattle belonging to one Masigana Nundu who had been murdered alongside his wife Nsamaka Jilala and daughter-in-law Ngwalu Chela on 20 August 1999 at Mwangili 2 Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, § 38. 2