II.
SUBJECT OF THE APPLICATION
A. The Facts of the matter
3.
It emerges from the records that the Applicant was convicted of the offence
of raping and impregnating a thirteen (13)-year-old school girl and
subsequently sentenced to thirty (30) years’ imprisonment by the Misungwi
District Court.
4.
Dissatisfied with this decision, the Applicant filed a first appeal before the
High Court sitting at Mwanza, which upheld the decision on 28 March 2014.
He then filed a second appeal before the Court of Appeal of Tanzania, sitting
at Mwanza, which dismissed it on 30 November 2015.
B. Alleged violations
5.
The Applicant alleges the violation of the following rights:
i.
The right to equality before the law and to equal protection of the law
under Article 3(1) and (2) of the Charter;
ii.
The right to respect for the inherent dignity of the human being and the
prohibition of slavery, torture, cruel, inhuman or degrading treatment or
punishment, under Article 5 of the Charter; and
iii. The right to a fair trial, guaranteed under Article 7(1)(c) of the Charter.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
6.
On 8 June 2016, the Registry received the Application, which was notified
to the Respondent State on 26 July 2016, and subsequently, to the other
entities provided for in Article 42(4) of the Rules, on 8 September 2016.
7.
The Parties filed their pleadings within the time-limit stipulated by the Court.
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