vii. Ms. Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs, East Africa
Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Hoja Mwendesha (hereinafter referred to as “the Applicant”) is a Tanzanian
national and a farmer who, at the time of filing the Application, was serving
a thirty (30) year-sentence at Msalato Prison in Dodoma, having been
convicted of the offence of rape of a thirteen (13) year-old minor. He
challenges the violation of his rights in connection with the proceedings
before domestic 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, on 29 March 2010, the Respondent State deposited the
Declaration provided for under Article 34(6) of the Protocol by virtue of 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 with the African Union Commission an
instrument of withdrawal of the said Declaration. The Court held that this
withdrawal has no bearing on pending cases and new cases filed before the
withdrawal came into effect one year after its filing, that is, on 22 November
2020.2
2
Ingabire Victoire Umuhoza v. Republic of Rwanda (jurisdiction) (3 June 2016) 1 AfCLR 540, § 67;
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§
35-39.
2