001074
Respondent
State
could
also
have
obtained
and
produced
concrete
evidence
to
support its assertion that the Applicant has other nationalities.
103.
In view of the aforesaid, the Court considers that there is a body of documents
especially the certified copy of the birth certificate and the certified temporary travel
document
issued by the competent authorities pending
finalization of the passport,
establishing that the Applicant is Tanzanian by birth and that the Respondent State
has not been
able to prove the contrary.
It therefore finds in conclusion that the
Applicant’s right to Tanzanian nationality has been violated, contrary to Article 5 of
the Charter and Article 15 of UDHR.
ii. Alleged violation of the Applicant’s right to. liberty
104. The Applicant contends that as a citizen of the Respondent State, he has the right
to enjoy his right to liberty and not to be arrested and detained illegally. He alleges
however that he was arrested and detained illegally and continues to be in prison
even after having served his sentence of two years, following his conviction by the
courts of the Respondent State for the offences of illegal entry and unlawful presence
in Tanzania.
105.
For its part, the Respondent
State argues that the detention of the Applicant is
consistent with its law for the reason that he does not have any documents allowing
him
to
remain
in Tanzania.
In this regard,
the Applicant
was
prosecuted
and
sentenced in accordance with the law.
106. The
Respondent
State
submits
further that the Applicant
is still in detention
because he refuses to cooperate with the authorities for his deportation order to be
executed. It notes in this respect that South African authorities are willing to welcome
their national, the Applicant, but could not carry out the deportation since there are
certain
procedural
measures
to be implemented,
applied only with the cooperation of the Applicant.
28
and the said measures
can
be