the Protocol or any other relevant human rights instrument ratified by
the United Republic of Tanzania. The Applicant has merely listed his
grievances against the application of the Criminal Procedure Act in
relation to the originating criminal case against him, being
Case
Number 321 of 1996.
40.
The
Respondent
clear in the remedies
asserts that,
he seeks,
because
he therefore,
the Applicant is not
has
not invoked
the
jurisdiction of the Court and the Application should be dismissed.
41.
The
Applicant
maintains
that the
Court
has the
jurisdiction
ratione materiae to determine this case on the basis that there are
allegations
of violations
guaranteed
under the Charter.
42.
In the
Reply
of the
to the
human
rights
Respondent’s
of the Applicant
Response,
as
the Applicant
alleges violation of the obligation of Member States to give effect to
the rights, duties and freedoms enshrined therein, violation of the
right to equality before the law and equal protection of the law and
violation of the prohibition of torture, cruel, inhuman and degrading
treatment which resulted from the inordinate delay in the hearing of
the Applicant's
personal
cases.
liberty
and
The Applicant
protection
also states that his right to
from
arbitrary
violated by his continued detention occasioned
hearing
of his cases.
violated
because
defence,
he was
arrest
have
been
by the delay in the
He
asserts that his right to a fair trial was
he was
not given the opportunity to present his
not provided
pro
bono
legal
aid
despite
being
charged with a serious offence and that there were systematic and
prolonged delays in his appeals and his application for review at the
ae
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v
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