13. By letter ACHPR/LPROT/COMM/333/2006/RWE dated 21st December 2006, the Secretariat also
informed the Complainants of this decision and requested it to forward its submissions on the
admissibility of the communication within three months.
th
14. On 8 May 2007, the Secretariat received a Note Verbale CHD 87/738/01/04 forwarding
submissions on admissibility from the Respondent State.
th
15. By Note Verbale ACHPR/LPROT /COMM/333/2006/SN dated 18 July 2007, the Secretariat
acknowledged receipt of the Respondent State’s submissions on admissibility and informed the latter
of its decision during the 41st Ordinary Session to defer its decision on admissibility of the case in
order to study the Respondent State’s submissions on admissibility.
th
16. By letter ACHPR/LPROT /COMM/333/2006/SN dated 16 July 2007, the Secretariat transmitted
the Respondent State’s submissions on admissibility to the Complainants and informed the latter of
the African Commission’s decision during the 41st Ordinary Session to defer its decision on
admissibility in order to study the Respondent State’s submissions.
th
17. By letter ACHPR/LPROT/COMM/333/06/TZ, dated 11 December 2008, both parties were
informed by the Secretariat that the African Commission deferred its decision on admissibility to its
th
45 Ordinary Session in order to allow both parties submit additional arguments on admissibility.
th
18. During the 45 Ordinary Session of the African Commission, the communication was deferred to
th
the 46 Ordinary Session.
th
19. On 5 March 2009, the Respondent State submitted additional arguments on admissibility.
th
20. By Note Verbale ACHPR/COMM/333/06/TZ/0.2/148.09, dated 18 March 2009, the Secretariat
acknowledged receipt of the Respondent State’s additional submissions.
th
21. By letter ACHPR/COMM/333/06/TZ/0.1/147.09, dated 18 March 2009, the Secretariat forwarded
the Respondent State’s additional submissions on admissibility to the Complainants, and requested
the latter to submit their additional submissions on admissibility.
th
22. By letter ACHPR/COMM/333/06/TZ/0.2/864.09 dated 5 November 2009, the Secretariat sent a
reminder to the Complainant requesting for its additional submissions on admissibility, including
clarifications on specific issues such as the delay in bringing the matter to the African Commission.
rd
23. By letter ACHPR/COMM/333/06/TZ/0.3/938.09 dated 3 December 2010, the Secretariat
informed the Complainants of the African Commission’s decision to defer the decision on the
th
th
admissibility of the communication during its 46 Ordinary Session to the 47 Ordinary Session,
pending additional information that was requested.
Law
Admissibility
Submissions on Admissibility
Complainant’s submissions on Admissibility
24. The Complainants submit that they have fulfilled all the requirements under Article 56 of the
Charter, including the fact that all domestic legal remedies have been exhausted. They indicate that
the Tanzanian Court of Appeal is the highest and final court in the country.
25. The Complainants further submit that the case has neither been heard nor decided by any other
international or regional body, and call on the African Commission to act on the Complaint with
urgency because death penalty convicts or persons awaiting trial on crimes punishable by compulsory
death penalty in the country may be subjected to suffer death by hanging.
Respondent State’s submissions on admissibility
26. The Respondent State indicates in its submissions that the list containing the names of the other
members who are joint authors of the communication was not communicated to them.