vi. Ms Jacqueline KINYASI, State Attorney, Office of the Solicitor General; and
vii. Ms. Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs, East Africa
Cooperation.
After deliberation,
renders this Judgment:
I.
THE PARTIES
1.
Marwa Rugumba Kisiri (hereinafter referred to as “the Applicant”) is a
Tanzanian national, who at the time of filing the Application, was serving a
thirty (30)- year sentence at Butimba Central Prison in Mwanza, having
been convicted of the offence of armed robbery. He alleges the violation of
his rights 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, on 29 March 2010, the Respondent State deposited the
Declaration provided for under Article 34(6) of the Protocol by virtue of which
it accepted the jurisdiction of the Court to receive applications from
individuals and Non-Governmental Organisations (hereinafter referred to as
“ONG”). On 21 November 2019, the Respondent State deposited with the
African Union Commission an instrument of withdrawal of its Declaration.
The Court has held that this withdrawal has no effect on pending and new
cases filed before the entry into force of the said withdrawal one (1) year
after its deposit which, in the present case, is on 26 March 2021.2
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§
35-39; Ingabire Victoire Umuhoza v. Republic of Rwanda (jurisdiction) (3 June 2016) 1 AfCLR 540, §
67.
2