I. THE PARTIES 1. Yassin Rashid Maige (hereinafter “the Applicant”) is a national of Tanzania, who, at the time of filing the Application, was serving a thirty (30) year prison sentence at Uyui Central Prison, Tabora, having been convicted for the offence of armed robbery. He alleges the violation of his right to a fair trial 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, 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.2 II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the record, that on 29 July 1999, gunshots were heard, following which the Applicant and six (6) others who are not parties to this Application, broke into a house, assaulted the occupant and ran off with stolen property. The victim and two of his neighbours commenced a pursuit 2 Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, § 38. 2