vii. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
Africa Cooperation.
After deliberation,
renders this Judgment:
I.
THE PARTIES
1.
Mr. Umalo Mussa (hereinafter referred to as “the Applicant”) is a national of
Tanzania who, at the time of filing the Application, was awaiting execution
at the Butimba Central Prison in Mwanza Region, having been tried and
convicted for the offence of murder and sentenced to death. The Applicant
alleges a violation of his rights to a fair trial in connection with 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 “the
Charter”) on 21 October 1986 and the Protocol on 10 February 2006. It
deposited, on 29 March 2010, the Declaration under Article 34(6) of the
Protocol (hereinafter referred to as “the Declaration”) by virtue of which it
accepted the jurisdiction of the Court to receive cases from individuals and
Non-Governmental Organisations. 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 withdrawal
has no bearing on pending cases and new cases filed before the withdrawal
comes into effect, one (1) year after the deposit, that is, on 22 November
2020.1
1
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.
2