after deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Mr. Bonifance Alistedes2 (herein after referred to as the “Applicant”) is a
national of Tanzania, who at the time of filing the Application was imprisoned
at Butimba Central Prison, Mwanza, having been tried and convicted of the
offence of rape. The Applicant alleges violation of his right to a fair trial in
relation to proceedings before 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, on 29 March 2010, the Respondent State 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 (hereinafter referred to as “NGOs”). On 21 November 2019,
the Respondent State deposited, with the African Union Commission, an
instrument withdrawing the said Declaration. The Court has held that this
withdrawal has no bearing on pending cases and new cases filed before 22
November 2020, which is the day on which the withdrawal took effect, being
a period of one year after its deposit.3
2
The name of the Applicant is spelt differently in the various records on file. The Applicant in his
Application, Response to the Respondent States Reply and submission on Reparations refers to himself
as “Bonfance Alistedes,” while the Record of Proceedings in the Resident Magistrates Court at Mwanza
page 8, refers to him as “Boniface Alistedes”.
3 Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.
2