I. THE PARTIES 1. Shabani Menge (hereinafter referred to as “the Applicant”) is a national of Tanzania, who at the time of filing the Application, was incarcerated at Butimba Central Prison, having been convicted of armed robbery and sentenced to thirty-five (35) years imprisonment, and a fine of Tanzanian Shillings Two Hundred Thousand (TZS 200,000). He alleges violation of his right to a fair trial in proceedings before national 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, the Respondent State, on 29 March 2010, 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. On 21 November 2019, the Respondent State deposited an instrument withdrawing its Declaration with the Chairperson of the African Union Commission. The Court held that this withdrawal has no bearing on pending and new cases filed before the withdrawal came into effect, that is, one (1) year after its deposit, which is on 22 November 2020.2 II. SUBJECT MATTER OF THE APPLICATION A. Facts of the matter 3. It emerges from the record that on 15 May 2004, the Applicant and his friend Thobias Charles attacked fishermen with a machete at Musira Island, Lake Victoria, at about 2200hrs, and made away with a boat and a boat engine, 2 Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§ 37-39. 2