v.
Ms Blandina KASAGAMA, Ministry of Foreign Affairs and East African
Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
John Mwita (hereinafter referred to as “the Applicant”) is a national of
Tanzania. At the time of filing the Application, he was imprisoned at Butimba
Central Prison, Mwanza, having been convicted of armed robbery and
sentenced to thirty (30) years in prison. The Applicant alleges a violation of
his right to a fair trial in relation to proceedings before the 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. It
deposited, on 29 March 2010, the Declaration under Article 34(6) of the
Protocol by virtue of 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
under Article 34(6) of the Protocol. The Court has held that the withdrawal
has no bearing on pending cases and new cases filed before the withdrawal
came into effect, being a period of one (1) year after the deposit, that is, on
22 November 2020.2
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.
2