referred to as “the Declaration”). On 21 November 2019, the Respondent
State deposited, with the Chairperson of the African Union Commission, an
instrument withdrawing its Declaration. The Court held that this withdrawal
did not have any effect on pending cases as well as new cases filed before
22 November 2020, which is the day on which the withdrawal took effect,
being a period one (1) year after its deposit.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the file that on the night of 8 May 1999, at about 10 pm, the
Applicants shot and killed Ms. Adela Shirima, the wife of a high-ranking
Commanding Officer. Records on file indicate that the Applicants were
allegedly hired by a Tanzanian woman named Mama Mboya to commit the
murder, after she suspected the deceased of having an illicit love affair with
her husband.
4.
The High Court convicted the Applicants for the offence of murder and
sentenced them to death by hanging on 31 May 2007, following which they
appealed to the Court of Appeal, the highest court in the Respondent State.
On 2 March 2012, the Court of Appeal dismissed their appeal and upheld
the decision of the High Court.
B. Alleged violations
5.
The Applicants jointly allege violations of the similar provisions of the
Charter, namely Articles 2, 3, 4, 5, and 7(1)(c) read jointly with Article
14(3)(d) of the International Covenant on Civil and Political Rights (ICCPR)
and Article 36(1) of the Vienna Convention on Consular Relations (VCCR),
namely:
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.
3