II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the record that, on 31 March 1991, the Applicant who was travelling with a friend on foot to Kanyega goldmines, murdered Mr. Selemani Abdulla Rai whom they met on the way by using a machete, in a bid to rob him of his possessions. The Applicant and his friend were subsequently arrested and charged with the murder of the said Selemani Abdullah Rai. However, the Applicant’s friend was released two years later, after the prosecution filed a notice of nolle prosequi in his respect. 4. On 7 March 1995, the Applicant was convicted of murder and sentenced to death by the High Court of Tanzania sitting in Sumbawanga, Rukwa Region. The Applicant appealed the High Court’s decision to the Mbeya Court of Appeal and on 10 June 1999, the latter Court rejected the appeal in its entirety and upheld the conviction for murder as well as the death sentence. B. Alleged violations 5. The Applicant alleges violations of his rights by the Respondent State as follows: i. The right not to be discriminated against protected under Article 2 of the Charter; ii. The right to equal protection of the law protected under Article 3 of the Charter; iii. The right to life protected under Article 4 of the Charter; and iv. The right to a fair trial protected under Article 7(1)(c) of the Charter. 3