Renders this Judgment:
I.
THE PARTIES
1.
Emmanuel Yusufu Noriega (hereinafter referred to as “the Applicant”), is a
Tanzanian national, who at the time of filing this Application, was awaiting
the execution of the death sentence at Maweni Prison, in Tanga, the United
Republic of Tanzania, following his conviction for murder. The Applicant
alleges violation of his right to a fair trial in relation to proceedings 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. 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, §§
37-39.
2