After deliberation,
renders this Judgment:
I.
THE PARTIES
1.
Romward William (hereinafter referred to as “the Applicant”), is a Tanzanian
national who, at the time of filing the Application, was incarcerated at
Butimba Central Prison, Mwanza, having been convicted of murder and
sentenced to death. He alleges violation of the right to non-discrimination,
right to life and right to dignity during the proceedings before the domestic
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 held that this withdrawal has no
bearing on pending and new cases filed before the withdrawal came into
effect one (1) year after its deposit, in this case, on 22 November 2020.2
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§
37-39.
2