II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges, from the record, that the Applicant murdered Ismail Omary Mkangwa, whom he suspected of practising witchcraft and for allegedly killing his father on 3 November 1995 at Ilagala Village, Kigoma. In the proceedings before domestic courts, the Applicant alleged that he was intoxicated and under the influence of drugs, having smoked “bhangi”,3 when he attacked the deceased and severed his head from his body. 4. The Applicant was arrested for murder, by the police, on 4 November 1995, tried, convicted and sentenced to death on 18 March 2005 by the High Court of Tanzania sitting at Tabora in Criminal Case No. 34 of 1997. 5. Dissatisfied with the decision of the High Court, the Applicant appealed to the Court of Appeal of Tanzania sitting at Dar es Salaam in Criminal Appeal No. 152 of 2005, which dismissed the appeal in its entirety for lack of merit on 27 October 2009. 6. The Applicant then applied to the Court of Appeal for a review of its judgment, in Criminal Appeal No. 9 of 2014, which was dismissed for lack of merit on 18 August 2017. B. Alleged violations 7. The Applicant alleges violation of the following rights: a. The right to equality before the law and the right to equal protection of the law without discrimination, as guaranteed under Article 3(1) and (2) of the Charter; b. The right to dignity inherent in a human being and to the recognition of his legal status as provided under Article 5 of the Charter; 3 Marijuana plant. 3