After deliberation,
Renders this judgment:
I.
THE PARTIES
1.
Mr. Ladislaus Chalula (hereinafter referred to as “the Applicant”) is a
national of Tanzania, who at the time of filing this Application, was
incarcerated in Uyui Central Prison (Tabora) while awaiting execution after
being convicted and sentenced to death for murder on 31 March 1991. He
alleges the violation of his rights in the course of the proceedings before
domestic courts.
2.
The Application is filed against 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 new cases filed before
22 November 2020, which is the day on which the withdrawal took effect,
being a period one year after its deposit.2
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.
2