I. THE PARTIES 1. Deogratius Nicholaus Jeshi (hereinafter referred to as “the Applicant”) is a Tanzanian national who, at the time of filing this Application, was incarcerated at Butimba Central Prison in Mwanza having been tried, convicted and sentenced to death for murder. He alleges violation of his rights during the proceedings 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, 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 the withdrawal took effect one year after its deposit, in the present case, on 22 November 2020.2 II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the record that on 11 August 2003, the Applicant and two (2) others who are not part of this Application, stole items from the house of Professor Israel Katote in Kishao Village of Karagwe District, Kagera Region. In the course of the robbery, they killed him. 2 Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, § 38. 2