I.
THE PARTIES
1.
Mr. Thomas Mgira (hereinafter referred to as “the Applicant”) is a national
of Tanzania. At the time of filing the Application, he was imprisoned at
Butimba Central Prison awaiting execution, having been tried and
sentenced to death for the offence of murder. The Applicant alleges a
violation of his rights to a fair trial in relation to 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. It
deposited, on 29 March 2010, the Declaration under Article 34(6) of the
Protocol by virtue of which it accepted the jurisdiction of the Court to receive
cases 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
under Article 34(6) of the Protocol. The Court has held that the withdrawal
has no bearing on pending cases and new cases filed before the withdrawal
came into effect, being a period of one (1) year after the deposit, that is, on
22 November 2020.1
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the records that the Applicant was arrested and charged
with the offence of murder for killing his neighbour, Masaga Ntobi, on the
night of 1 October 2002 at Inolelo Village in Mwanza Region.
1
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.