After deliberation,
Delivers this Ruling:
I.
THE PARTIES
1.
Haruna Juma (hereinafter “the Applicant”) is a national of the United
Republic of Tanzania who, at the time of filing the Application, was serving
two concurrent sentences of five (5) and thirty (30) years’ imprisonment in
Butimba central prison in Mwanza, for burglary and armed robbery,
respectively. He alleges the violation of his rights during his trial before the
domestic proceedings.
2.
The Application is filed against the United Republic of Tanzania (hereinafter
“the Respondent State”), which became a party to the African Charter on
Human and Peoples’ Rights (hereinafter “the Charter”) on 21 October 1986
and to the Protocol on February 10, 2006. In addition, on 29 March 2010,
the Respondent State deposited the Declaration under Article 34(6) of the
Protocol (hereinafter referred to as “the Declaration”) by virtue of which it
accepted the Court’s jurisdiction to receive applications from individuals and
non-governmental organizations (NGOs). On 21 November 2019, the
Respondent State deposited with the African Union Commission the
instrument of withdrawal of its Declaration. The Court has ruled that this
withdrawal had no impact on pending cases, or on new cases brought
before the entry into force of the said withdrawal one year after the deposit
of the instrument relating thereto, in this case, on 22 November 2020.2
2
Andrew Ambrose Cheusi v. Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§ 35-39; Ingabire
Victoire Umuhoza v. Rwanda (jurisdiction) (3 June 2016) 1 AfCLR 540, § 67.
2