before withdrawal took effect one (1) year after its deposit,2 in the instant
case, on 22 November 2020.
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the file that on 10 October 2013, the Respondent State’s
High Court convicted the Applicant of the offence of “double murder” for
killing his wife and son at Chandulu Village, Magu District, Mwanza Region
and sentenced him to death. Dissatisfied with this verdict, the Applicant, on
10 October 2013, appealed to the Court of Appeal of Tanzania against both
his conviction and sentence.
4.
On the 30 October 2014, the Court of Appeal dismissed his appeal.
Subsequently, on 15 December 2014, the Applicant filed before the same
court an application for review of the decision to dismiss his appeal, which
the Applicant later withdrew.
5.
The Applicant claims that in May 2020, the death sentence was commuted
to life imprisonment through a Presidential pardon.
B. Alleged violations
6.
The Applicant contends that the imposition of the death sentence is a
violation of the Respondent State’s constitution (the Constitution) and the
Universal Declaration of Human Rights (UDHR). The Applicant specifically
alleges that the Respondent State violated his rights; namely,
i.
The right to be tried without undue delay;
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.
3