Commission, an instrument withdrawing its Declaration. The Court held that this withdrawal did not have any effect on pending cases as well as new cases filed before 22 November 2020, which is the day on which the withdrawal took effect, being a period one (1) year after its deposit.2 II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the record that the Applicant killed one Mr Fadhili Seleman on 8 July 2004. He was charged in the High Court of Tanzania at Tabora with the offence of murder in Criminal Case No. 20 of 2008 and was convicted and sentenced to death by hanging on 25 June 2012. 4. He subsequently appealed his conviction and sentence to the Court of Appeal of Tanzania in Criminal Appeal No. 182 of 2013, which dismissed his appeal in its entirety on 25 September 2013. 5. In April 2020, the Applicant’s death sentence was commuted to life imprisonment. B. Alleged violations 6. The Applicant alleges the violation by the Respondent State of his following rights: i. The right to a fair trial under Article 7 of the Charter in particular the rights to defence and to be presumed innocent until proved guilty by a competent court or tribunal; ii. The right to dignity under Article 5 of the Charter by sentencing him to death by hanging; 2 Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, § 38. 3

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