withdrawing its Declaration. The Court held that this withdrawal has no
bearing on pending cases and new cases filed before the withdrawal came
into effect one (1) year after its deposition, that is, on 22 November 2020.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that the Applicant was charged for the murder of
three (3) children. The murders occurred on 18 December 2003 at Businde
village, Karagwe District at a time when the Applicant was a soldier and a
militia trainer of the Tanzania People’s Defence Force.
4.
On 30 July 2010, the High Court of Tanzania sitting at Bukoba convicted
and sentenced him to death by hanging.
5.
Dissatisfied with this decision, he appealed to the Court of Appeal of
Tanzania sitting at Mwanza, which dismissed the appeal in its entirety on 11
March 2013.
6.
On 12 March 2013, the Applicant filed, before the Court of Appeal, an
application for review on ground of manifest errors in the first judgment. At
the time of the filing of the present Application, the request for review had
neither been heard nor listed for hearing.
7.
According to information filed by the Respondent State, on 14 December
2018, the Court of Appeal eventually dismissed the application for review
for lack of merit.
2
Andrew Ambrose Cheusi v. United Republic of Tanzania, ACtHPR, Application No. 004/2015,
Judgment of 26 June 2020 (merits and reparations), §§ 37-39.
3