awoken by his mother’s screams, ran to her aid. In the course of the attack,
he was also injured by the Applicant, after which the Applicant escaped. Ms
Lumiki was later rushed to the hospital, where she died from her wounds.
4.
The Applicant and his accomplice were arrested four (4) months after the
attack on Ms Lumiki and charged with murder. On 27 March 2001, they
were convicted before the High Court of Tanzania sitting at Tabora and
sentenced to death by hanging. The Applicant filed an appeal against the
decision of the High Court and the appeal was dismissed by the Court of
Appeal on 28 June 2003.
B. Alleged violations
5.
The Applicant alleges the following violations:
a) The right to non-discrimination protected under Article 2 of the
Charter in relation to the judgment of the Court of Appeal and
b) The right to a fair trial protected under Article 7(1) of the Charter in
relation to the evaluation of evidence in the Court of Appeal.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
6.
The Application was filed on 13 June 2017. On 16 June 2017, the Registry
requested the Applicant to provide copies of the Judgment of the Court of
Appeal which he submitted on 8 May 2018.
7.
The Application was served on the Respondent State on 2 October 2018.
8.
The Respondent State failed to file a Response to the merits even after
several reminders by the Court to do so.
9.
The Applicant filed his submissions on reparations on 13 May 2019 and this
was served on the Respondent State on 14 May 2019 which filed its
Response on 18 March 2021.
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