v. Ms. Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
Africa Cooperation
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Mr Jackson Godwin (hereinafter referred to as “the Applicant”) is a
Tanzanian national who, at the time of filing this Application, was serving
two concurrent thirty (30)-year sentences of imprisonment at Butimba
Central Prison, in Mwanza after he was convicted of armed robbery and
rape. The Applicant alleges the violation of his rights before domestic 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
November 2020, which is the day on which the withdrawal took effect, being
a period of one year after its deposit.2
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.
2