v.
Ms Vivian METHOD, State Attorney, Office of the Solicitor General;
vi. Mr Daniel NYAKIHA, State Attorney, Office of the Solicitor General;
vii. Ms Narindwa SEKIMANGA, State Attorney, Office of the Solicitor General; and
viii. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
African Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Bahati Mtega (hereinafter referred to as “the First Applicant”) and Flowin
Mtweve (hereinafter referred to as “the Second Applicant”) (hereinafter
collectively referred to as “the Applicants”), are Tanzanian nationals. At the
time of filing this Application, they were imprisoned at Ruanda Prison in
Mbeya following their trial, conviction, and sentence by the District Court of
Ludewa, to life imprisonment and 12 strokes of the cane, for gang rape.
They allege that the Respondent State violated their rights to a fair trial and
to dignity in the course of the domestic proceedings against them.
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
also 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 Non-Governmental Organizations (hereinafter
referred to as “the Declaration”). On 21 November 2019, the Respondent
State deposited, with the Chairperson of the African Union Commission, an
instrument withdrawing the Declaration. The Court has held that this
withdrawal did not have any effect on pending cases as well as new cases
filed before 22 November 2020, which is the day on which the withdrawal
2