v.
Mr Mark MULWAMBO, Principal State Attorney, Attorney General’s
Chambers; and
vi. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and
East African Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Charo Said Kimilu and Mbwana Rua Kubo (hereinafter referred to as “the
Applicants”) are Tanzanian nationals who, at the time of filing of the
Application, were incarcerated at Maweni Prison, Tanga after having been
tried, convicted of the offence of trafficking in narcotic drugs and sentenced
to twenty (20) years imprisonment. The Applicants allege a violation of their
right to a fair trial during domestic proceedings.
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 the Protocol on 10 February 2006. It
further deposited, on 29 March 2010, the Declaration under Article 34(6) of
the Protocol through 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.
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 (1) year after its deposit.2
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (merits and reparations) (26 June 2020) 4
AfCLR 219, § 38.
2