iv. Mr Baraka Luvanda, Ambassador, Head of Legal Unit, Ministry of Foreign
Affairs and International Cooperation;
v.
Ms Aidah KISUMO, Senior State Attorney, Attorney General’s Chambers;
vi. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
African Cooperation; and
vii. Mr Elisha Suku, Foreign Service Officer, Ministry of Foreign Affairs and East
African Cooperation.
After deliberations,
Renders this Judgment:
I.
THE PARTIES
1.
Nzigiyimana Zabron (hereinafter referred to as “the Applicant”) is a national
of Burundi residing in Tanzania who at the time of filing this Application,
was awaiting the execution of the death sentence at Butimba Central
Prison, Mwanza (Tanzania) following his conviction for murder. In April
2020, his death sentence was commuted to life imprisonment following a
presidential pardon. The Applicant alleges the violation of his rights in
relation to proceedings before domestic courts notwithstanding the abovementioned commutation.
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 the Protocol on 10 February 2006. It
deposited, on 29 March 2010, the Declaration under Article 34(6) of the
Protocol (the Declaration) through which it accepted the jurisdiction of the
Court to receive
cases from
individuals and
Non-Governmental
Organisations with observer status before the African Commission on
Human and Peoples’ Rights (the Commission). On 21 November 2019, the
Respondent State deposited, with the Chairperson of the African Union
2