v.
Mr Elisha SUKU, Foreign Service Officer, Ministry of Foreign Affairs and East
African Cooperation; and
vi. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
African Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Ibrahim Yusuph Calist Bonge, Rajabu Mohammed Salum Msolongoni and
Simba Aloyce Simba Hatibu are Tanzanian nationals who, at the time of
filing of this Application, were incarcerated at Ukonga Central Prison, Dar
es Salaam, after having been tried, convicted and sentenced to death on
two counts of murder. They allege a violation of their rights as a result of the
manner in which their trial before the domestic courts was conducted.
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. It
further deposited, on 29 March 2010, the Declaration under Article 34(6) of
the Protocol through which it accepted the jurisdiction of the Court to receive
cases from individuals and NGOs. 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 effect 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 (1) year after its deposit.2
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.
2