vi. Mr. Benedict T. MSUYA, Second Secretary, Legal Officer, Ministry of Foreign
Affairs, East African Community, and Regional and International Cooperation;
vii. Mr. Michael LUENA, Principal State Attorney, Office of the Attorney General;
and
viii. Mr. Veritas MLAY, State Attorney, Office of the Attorney General.
After deliberation,
renders this Ruling:
I.
THE PARTIES
1.
Maulidi Swedi alias Mswezi Kalijo (hereinafter referred to as “the Applicant”)
is a national of Tanzania who, at the time of filing the Application, was
serving a thirty- (30) year prison sentence at Uyui Central Prison, Tabora,
having been convicted and sentenced for the offence of armed robbery. He
alleges violation of his rights during the proceedings before national 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 (hereinafter referred to as “NGOs”). 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
2