vi. Miss Narindwa SEKIMANGA, State Attorney, Office of the Solicitor General;
and
vii. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
African Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Rashidi Romani Nyerere (hereinafter referred to as “the Applicant”) is a
Tanzanian national. At the time of filing the Application, he was incarcerated
at Ruanda Central Prison in Mbeya awaiting execution for murder. The
Applicant alleges violation of his rights during the domestic proceedings that
led to his conviction.
2.
The Respondent State became Party to the African Charter on Human and
Peoples’ Rights (hereinafter referred to as “the Charter”) on 18 February
1984 and to the Protocol on 7 February 2006 and deposited the Declaration
required under Article 34(6) of the Protocol on 29 March 2010, by which it
accepted the jurisdiction of the Court to receive cases from individuals and
Non-Governmental Organizations. On 14 November 2019 it deposited with
African Union Commission (hereinafter referred to as the “Commission”), an
instrument of withdrawal of the said Declaration. The Court has held that
this withdrawal has no bearing on pending cases and new cases filed before
the day on which the withdrawal took effect, that is, 22 November 2020
being a period of one year after its deposit.2
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§
37-39.
2