vi. Ms. Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East Africa Cooperation. after deliberation, renders the following Judgment: |. THE PARTIES 1. Kalebi Elisamehe (hereinafter referred to as “the Applicant’) is a national of the United Republic of Tanzania who, at the time of filing this Application, was serving a thirty (30) year prison sentence at Maweni Central Prison in Tanga for the rape of a twelve (12) year old girl. 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 referred on Human and Peoples' Rights (hereinafter to as the “Charter”) on 21 October 1986 and the Protocol on 10 February 2006. It also deposited, on 29 March 2010, the Declaration under Article 34(6) of the Protocol by which it accepts the jurisdiction of the Court to receive cases from individuals and Non-Governmental Organisations. On 21 November 2019, the Respondent State deposited with the Chairperson of the African Union Commission an instrument withdrawing its Declaration. ll. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges convicted Monduli from and the record sentenced that, by the on 6 March 2004, the Applicant was District Magistrate’s Court of Monduli District, (hereinafter referred to as “the District Court”) at to a thirty (30) year prison sentence for the rape of a twelve (12) year old minor, in Criminal Case No. 39/2003. He was also ordered to pay the victim one cow 2