II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. According to the Applicants, the Respondent State enacted the CPA on 1 November 1985. They aver that Section 148(5) of the CPA violates various provisions of the Charter, the Universal Declaration of Human Rights (hereinafter referred to as “the UDHR”), the International Covenant on Civil and Political Rights (hereinafter referred to as “the ICCPR”) and the Constitution of the United Republic of Tanzania (hereinafter referred to as “the Constitution”). 4. The Applicants submit that these human rights instruments and the Constitution proscribe discriminatory laws. Furthermore, that, the instruments require the Respondent State to guarantee all citizens the right to equal protection of the law, and other rights attendant to the right to a fair trial. 5. The Applicants assert that Section 148(5) of the CPA, however, violates the above enumerated rights by unreasonably restricting bail to individuals charged with certain offences. In this regard, the Applicants submit that by prescribing unbailable offences, Section 148(5) of the CPA affects two categories of entities: individuals and the judiciary. The former are deprived of their basic rights enshrined in the Constitution and relevant international instruments, while the latter, as a result of the mandatory nature of the provision are denied any discretion in bail applications pertaining to the said section. 6. The Applicants contend that despite several cases having been filed in the domestic courts challenging Section 148(5) of the CPA, the provision has still been upheld as being constitutional and consistent with international human rights instruments. 3