After deliberation,
Renders the following Judgment:
I.
THE PARTIES
1.
Amos Kabota (hereinafter referred to as “the Applicant”), is a Tanzanian
national, 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 thirty (30) years imprisonment. 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 held that this withdrawal has no
bearing on pending and new cases filed before the withdrawal came into
effect, that is, one (1) year after its deposit, which is on 22 November 2020.2
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§
37-39.
2