v.
Mr Hangi M. CHANG’A, Assistant Director, Constitution, Human Rights and
Election petitions; Office of the Solicitor General;
vi. Ms Sylvia MATIKU, Principal State Attorney, Attorney General’s Chambers; and
vii. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
African Cooperation.
After deliberation,
Renders this Ruling:
I.
THE PARTIES
1.
Leonard Moses (hereinafter referred to as “the Applicant”), is a national of
the United Republic of Tanzania, who at the time of filing the Application,
was incarcerated at Uyui Central Prison in the Tabora region, having been
convicted of the offence of rape and sentenced to a term of thirty (30) years
in prison and twelve (12) strokes of the cane. He alleges the violation of his
right to a fair trial before the national 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, 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 22 November 2020, which
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