November 2020, which is the day on which the withdrawal took effect, being
a period of one year after its deposit.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that on 17 September 2007, the Applicant
allegedly murdered two women, one by strangulation and one by inflicting
wounds with a sharp object. The Applicant was arrested on the same day.
4.
On 26 June 2015, the Applicant was convicted of murder and sentenced to
death by hanging by the High Court sitting in Karagwe.3
5.
The Applicant then appealed to the Court of Appeal sitting at Bukoba which
on 23 February 2016, dismissed the appeal in its entirety.4
B. Alleged violations
6.
The Applicant contends that the Respondent State violated his rights to nondiscrimination, to equality before the law, to equal protection of the law and
to a fair trial, protected under Articles 2, 3, and 7(1) of the Charter
respectively, through his conviction by the Court of Appeal based on
doubtful evidence. The Applicant also alleges that the Respondent State
violated his right to life, protected under Article 4 of the Charter, by imposing
on him the death penalty.
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.
3 Criminal Case No. 56/2008.
4 Criminal Appeal No. 314/2015.
3