I. THE PARTIES 1. Shija Juma (hereinafter referred to as “the Applicant”), is a national of Tanzania, who at the time of filing the Application, was incarcerated at Butimba Central Prison in the Mwanza region, having been convicted of the “offence of rape” and sentenced to life imprisonment. He challenges the proceedings in the national courts which led to his conviction and sentence. 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 withdrawing its Declaration. The Court has held that this withdrawal has no bearing on pending and new cases filed before the withdrawal came into effect, that is, one (1) year after its deposit, which is on 22 November 2020.1 II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the record that on 13 November 2009, the Applicant allegedly “raped” a three (3) year old girl who he had purported to escort home from the farm where she had been keeping her mother company. He was subsequently arrested and held at the Village Executive Officer’s premises, from which he escaped. He was later re-arrested and arraigned 1 Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§ 37-39. 2