I. THE PARTIES 1. Gerald Koroso Kalonge (hereinafter referred to as “the Applicant”) is a Tanzanian national. At the time of filing the Application, he was incarcerated in Ruanda Central Prison, Mbeya, awaiting the execution of the death sentence following his conviction for murder. The Applicant alleges violation of his rights during the domestic proceedings that led to his conviction and sentence. 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, the Respondent State, on 29 March 2010, 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. On 21 November 2019, the Respondent State deposited an instrument withdrawing its Declaration with the Chairperson of the African Union Commission. The Court held that this withdrawal has no bearing on pending and new cases filed before the withdrawal came into effect, that is, one year after its deposit, which is on 22 November 2020.2 II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. On 5 February 2008, at Ilolo Village within Rungwe District in Mbeya Region, Henry Mwakajila, a person with albinism disappeared and was never seen again. The police, acting on a tip, on diverse dates in May 2008, arrested the Applicant and four other individuals who are not parties to this 2 Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§ 37-39. 2