v. Ms. Nkasori SARAKIKYA, Deputy Director responsible for Human Rights,
Principal State Attorney, Office of the Attorney General;
vi. Mr. Mark MULWAMBO, Principal State Attorney, Office of the Attorney General;
vii. Ms. Aidah KISUMO, Senior State Attorney, Office of the Attorney General;
viii. Mr. Elisha E. SUKA, Foreign Service Officer, Ministry of Foreign Affairs, East
African Community, and Regional and International Cooperation; and
ix. Ms. Blandina KASAGAMA, Legal Counsel, Ministry of Foreign Affairs, East
African Community and Regional and International Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Kachukura Nshekanabo Kakobeka (hereinafter referred to as “the
Applicant”) is a Tanzanian national. At the time of filing the Application, he
was incarcerated at Butimba Central Prison, Mwanza, having being tried,
convicted and sentenced to death for murder. He alleges violation of his
rights during the proceedings before the national 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 to the Protocol on 10 February 2006.
Furthermore, on 29 March 2010, the Respondent State deposited the
Declaration prescribed under Article 34(6) of the Protocol (hereinafter
referred to as “the Declaration”), through which it accepted the jurisdiction
of the Court to receive applications from Individuals and Non-Governmental
Organisations (hereinafter referred to as “NGOs”). On 21 November 2019,
the Respondent State deposited, with the African Union Commission, an
instrument withdrawing the said Declaration. The Court has held that this
withdrawal has no bearing on pending cases and new cases filed before 22
2