v.
Mr. Mark MULWAMBO, Principal State Attorney, Ministry of Justice and
Constitutional Affairs, Attorney General’s Chambers
vi. Mr. Richard J. KILANGA, Senior State Attorney, Ministry of Justice and
Constitutional Affairs, Attorney General’s Chambers; and
vii. Ms. Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs, East Africa,
Regional and International Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Mulokozi Anatory (hereinafter referred to as “the Applicant”) who, at the time
of his incarceration at Butimba Central Prison in Mwanza Region was
nineteen years old, awaiting execution of a death sentence by hanging for
the offence of murder. He alleges the violation of his right to a fair trial in
connections with 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, on 29 March 2010, the Respondent State 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 (hereinafter referred to as “NGOs”). On 21
November 2019, the Respondent State deposited, with the African Union
Commission, an instrument withdrawing the said Declaration. The Court has
held that this withdrawal has no effect on pending and new cases filed
2