iv. Ms Nkasori SARAKIKYA, Assistant Director, Human Rights, Principal State
Attorney, Attorney General’s Chambers;
v. Ms Aidah KISUMO, Senior State Attorney, Attorney General’s Chambers; and
vi. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
African Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Mr. Makungu Misalaba (hereinafter referred to as “the Applicant”) is a
Tanzanian national who, on 10 October 2013, was convicted of murder and
sentenced to death, a sentence that was subsequently commuted to life
imprisonment by a presidential pardon granted in May 2020. However, he
maintains that his fair trial rights were violated during his trial and appellate
proceedings before national courts.
2.
The Respondent State is 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 the Protocol on 10 February 2006. It
deposited, on 29 March 2010, the Declaration under Article 34(6) of the
Protocol through which it accepted the jurisdiction of the Court to receive
cases from individuals and Non-Governmental Organisations (hereinafter
referred to as “the Declaration”). On 21 November 2019, the Respondent
State deposited, with the Chairperson of the African Union Commission, an
instrument withdrawing its Declaration. The Court held that this withdrawal
did not have any effect on pending cases as well as on new cases filed
2