After deliberations,
Renders this Judgment:
I.
THE PARTIES
1.
Mr. Chacha Wambura and Mr. Mang’azi Mkama (jointly referred to as “the
Applicants” or individually as “the First Applicant” and “the Second
Applicant”) are Tanzanian nationals who were sentenced to thirty (30) years
in prison after being found guilty of armed robbery and causing grievous
harm to others. The Applicants claim that their fair trial rights were violated
during their trial and appeals in the 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 the Protocol on 10 February 2006. It
deposited, on 29 March 2010, the Declaration under Article 34(6) of the
Protocol through which it accepted 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.
The Court has held that this withdrawal has no effect on pending and new
cases filed before the entry into force of the said withdrawal one (1) year
after its deposit which, in the present case, is on 22 November 2020.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.
2