iv. Ms Nkasori SARAKIKYA, Assistant Director, Human Rights, Principal State
Attorney, Attorney General’s Chambers;
v. Ms Aidah KISUMO, Senior State Attorney, Attorney General’s Chambers; and
vi. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
Africa Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Matoke Mwita and Masero Mkami (hereinafter referred to as “the
Applicants”) are Tanzanian nationals who, at the time of filing this
Application, were serving a life sentence at Butimba Central Prison,
Mwanza Region, having been convicted of the offences of gang rape and
robbery with violence. The Applicants allege the violation of their rights in
relation to domestic proceedings.
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”), by virtue of which it accepted the
jurisdiction of the Court to receive applications from individuals and NonGovernmental 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 previously held that
this withdrawal has no bearing on pending cases and new cases filed before
2