0008 4 r
v
Mr. Mark MULWAMBO, Principal State Attorney, Attomey General's
Chambers
After deliberation,
renders the following Judgment
I.
THE PARTIES
Livinus Daudi Manyuka (hereinafter referred to as "the Applicant"), is a national
1
of Tanzania who, at the time of filing the present Application, was serving a
sentence of thirty (30) years imprisonment for the offence of robbery with violence
at Ukonga Prison in Dar-es-Salaam.
The Application is filed against the United Republic of Tanzania (hereinafter
2
a Party to the African
Charter on Human and Peoples' Rights (hereinafter referred to as the "the
Charter") on 21 October'1986 and the Protocol on 10 February 2006. lt also
referred to as the "Respondent State') which became
deposited, on 29 March 2010, the Declaration under Article 34(6) of the Protocol
through which it accepts the jurisdiction of the Court
to receive cases
from
individuals and Non-Governmential Organisations.
II.
SUBJECT MATTER OF THE APPLIGATION
A. Facts of the matter
3
It emerges from the Application that on 4 November 1999 the Applicant, and two
other individuals, were charged with the offence of robbery with violence in the
District Court at Mbinga, Ruvuma Region. On 15 May 2000, they were convicted
and each sentenced to twenty (20) years imprisonment.
4
The Applicant affirms that he and his co-accused persons filed an appeal before
the High Court at Songea. On 9 August 2001, the High Court upheld the
2
a