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

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