II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the record that on 18 March 1995 at Karenge village, within the District of Karagwe in Kagera region, the Applicant and two (2) other persons, who were the Applicant’s co-accused but are now deceased,2 murdered Rwabuhaya Kilai and his wife Miburo Rwabuhaya. 4. On 29 June 2005, the High Court of Bukoba convicted the Applicant on two (2) counts of murder and sentenced him to death by hanging. The Applicant lodged an appeal against his conviction and sentence at the Court of Appeal sitting at Mwanza, which, on 21 May 2009, dismissed his appeal in its entirety. 5. According to the Applicant, thereafter, on 11 March 2014, he filed a notice of motion for review of the Court of Appeal’s decision, which was still pending at the time he filed the Application before this Court on 8 June 2016. B. Alleged violations 6. The Applicant alleges: i. Violation of his right to be heard, insofar as the High Court and Court of Appeal convicted him and confirmed the conviction, respectively, on the basis of a self-incriminating statement sworn under duress, which he had retracted. ii. Violation of his rights under Article 7(1)(a) and (d) of the Charter and Article 136(a) and 107(a) 2(b) of the Constitution of Tanzania, 1977 due to the delay in the determination of his application for review. iii. Violation of his right to defence under Article 7(1)(c) of the Charter by not being provided a legal counsel of his choice. 2 The record of proceedings before the High Court shows that the Applicant’s two (2) co-accused died before the trial proceedings commenced but their dates of death are not specified. 3