00088I
renders the following Judgment
I.
THE PARTIES
1. Jibu Amir alias Mussa and SaidiAlly alias Mangaya (hereinafter referred to as "the
Applicants") are nationals of the United Republic of Tanzania, who are currengy
serving 30 years' prison sentence each, at the Ukonga central prison, Dar es salaam,
having been convicted of the offence of armed robbery.
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 1g86 and
to the Protocol on 1o February 2006. Furthermore, the Respondent state, on 29
March 2010, deposited the Declaration prescribed under Article 3a(6) of the protocol,
by which it accepted the jurisdiction of the Court to receive applications from
individuals and NGOs.
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3. The record before this court
indicates that on 31 December 2001,
at 7pm,
the
Applicants jointly with others not before this Court stole an amount of twelve thousand
(12,000) Tanzanian shillings from one, Frank Munishi, at his shop. During the robbery,
one of the Applicants that is Jibu Amir shot Frank Munishi and his wife Gladiness
Munishi with a pistol as the victims tried to flee from the scene of the crime. Frank
Munishi was further stabbed by the other Applicant
-
Saidi Ally, with a "bush knife" to
coerce him into giving the Applicants the money which he subsequently did, following
which, the Applicants left the crime scene. Thereafter, neighbours of the victims
converged at the crime scene and rushed the victims to Temeke Police station and
subsequently to the hospital
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