ii.
Ms Sarah Duncan MWAIPOPO, Deputy Solicitor General, Office of the
Solicitor General;
iii.
Mr. Baraka LUVANDA, Ambassador, Head of Legal Unit, Minister of Foreign
Affairs, East Africa, Regional and International Cooperation;
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;
and
vi.
Mr. Elisha E. SUKA, Foreign Service Officer, Ministry of Foreign Affairs, East
Africa, Regional and International Cooperation.
After deliberation,
renders the following Judgment:
I.
THE PARTIES
1.
Marthine Christian Msuguri (hereinafter referred to as “the Applicant”) is a
Tanzanian national who, at the time of filing this Application, was
incarcerated at Butimba Central Prison in Mwanza after he was convicted
and sentenced to death for the offence of murder. The Applicant alleges the
violation 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 to the Protocol on 10 February 2006.
Furthermore, the Respondent State, on 29 March 2010, deposited the
Declaration prescribed under Article 34(6) of the Protocol (hereinafter
referred to as “the Declaration”), through which it accepted the jurisdiction
of the Court to receive applications from individuals and Non-Governmental
Organisations. On 21 November 2019, the Respondent State deposited
with the Chairperson of the African Union Commission, an instrument
2