iv. Ms Nkasori SARAKIKYA, Assistant Director, Human Rights, Principal State
Attorney, Attorney General’s Chambers;
v.
Mr. Mark MULWAMBO, Senior State Attorney, Attorney General’s Chambers;
vi. Mr Baraka LUVANDA, Ambassador, Head of Legal Unit, Ministry of Foreign
Affairs and International Cooperation;
vii. Ms Aidah KISUMO, Senior State Attorney, Attorney General’s Chambers;
viii. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
African Cooperation; and
ix. Mr Elisha SUKU, Foreign Service Officer, Ministry of Foreign Affairs and East
African Cooperation.
After deliberations,
Renders this Judgment:
I.
THE PARTIES
1.
Dominick Damian (hereinafter referred to as “the Applicant”) is a Tanzanian
national who at the time of filing this Application was awaiting the execution
of the death sentence at Butimba Central Prison, Mwanza, following his
conviction for murder. The Applicant alleges violations of his rights in
relation to 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 the Protocol on 10 February 2006. It
deposited, on 29 March 2010, the Declaration under Article 34(6) of the
Protocol through which it accepted the jurisdiction of the Court to receive
cases from individuals and Non-Governmental Organisations (hereinafter
referred to as “the Declaration”). On 21 November 2019, the Respondent
State deposited, with the Chairperson of the African Union Commission, an
instrument withdrawing its Declaration. The Court held that this withdrawal
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