did not have any effect on pending cases as well as new cases filed before
22 November 2020, which is the day on which the withdrawal took effect,
being a period one (1) year after its deposit.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that, on 27 August 2007, the Applicant and his
brother Daniel – who is not a party to the present Application – assaulted
their mother, Astella Damian, with sticks at Kitwechenkula village, in
Karagwe District, Kagera Region in Tanzania. Upon arrival of her husband
at the scene, Astella Damian told him that Dominick and Daniel, her children
assaulted her and also tried to set her on fire. The victim subsequently died
due to the assault.
4.
The Applicant was arrested on the same day at his home after the Village
Executive Officer reported the incident to the police. On 14 December 2012,
he was convicted of the murder of Astella Damian and sentenced to death
by hanging by the High Court sitting at Bukoba in Criminal Case 61 of 2008.
5.
Dissatisfied with the said decision, the Applicant appealed to the Court of
Appeal of Tanzania sitting at Bukoba in Criminal Appeal No. 154 of 2013,
which was dismissed in its entirety for lack of merit on 17 March 2014. On
2 April 2014, he filed a notice of motion for review of the Court of Appeal’s
decision which, he claims, was pending by the time he filed his Application
before this Court.
B. Alleged violations
6.
The Applicant alleges that:
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.
3