after deliberation, renders this Judgment: I. THE PARTIES 1. Niyonzima Augustine, (hereinafter referred to as “the Applicant”) is a national of Rwanda who, at the time of filing the instant Application, was serving a thirty (30)-year prison sentence at Butimba Central Prison, having been convicted of rape. He alleges the violation of his right to a fair trial in the proceedings before the 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, the Respondent State, on 29 March 2010, deposited the Declaration prescribed 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 applications from individuals and NonGovernmental 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 this withdrawal has no bearing on pending and new cases filed before the withdrawal came into effect, that is, on 22 November 2020.2 2 Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§ 37-39. 2