VULLUU THE PARTIES 1. Mr. Robert John Penessis (hereinafter referred to as “the Applicant”) was convicted and sentenced to two (2) years in prison for “illegal entry and presence in Tanzania” in Criminal Case No. 35/2010 before the Kagera Resident Magistrate’s Court at Bukoba. The Applicant who claims to be a national ofTanzania, has been in prison since 10 January 2010. The United Republic of Tanzania (hereinafter referred to as "the Respondent State") 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 to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) on 10 February 2006. The Respondent State deposited, on 29 March 2010, the Declaration prescribed under Article 34(6) of the Protocol by which it accepted the jurisdiction of the Court to receive cases from individuals and Non-Governmental Organisations. SUBJECT OF THE APPLICATION The Application does not is in respect of the detention of the Applicant on the ground that he possess the necessary documentation to be legally present in the Respondent State. The Applicant alleges that the Respondent State has violated his rights to nationality, liberty and free movement. A. 4. Facts of the matter It is apparent from the Application that, on 8 January 2010, Mr. John Robert Penessis was arrested by the Tanzanian immigration authorities. He was subsequently charged, convicted and sentenced on 17 January 2011 to a fine of eighty thousand (80,000) Tanzanian Shillings or in default, two (2) years in prison and ten (10) strokes ya Fp 4 x a = A rome S OY a4 a -