Mr. Benedict Msuya Second Secretary Legal Officer Ministry of Foreign Affairs and International Cooperation After deliberation, delivers the following majority judgment: The Parties 1. The Applicant, Peter Joseph Chacha is a citizen of the United Republic of Tanzania ("hereinafter referred to as the Respondent"), who at the time of filing his application was in remand at Arusha Central Prison with the Remand Number 3502/2007. 2. The Applicant filed his application against two Respondents; the First Respondent being the Attorney General of the United Republic of Tanzania, the Principal Legal Adviser to the Government of the United Republic of Tanzania and the Second Respondent being the Minister of Home Affairs of the United Republic of Tanzania. It is assumed that the two Respondents are being sued on behalf of the Government of Tanzania therefore the Respondent is the United Republic of Tanzania. Nature of the Application 3. The Applicant filed the Application on the basis of Criminal Cases Nos. 915/2007, 931/2007, 933/2007, 1027/2007, 1029/2007,883/2008, 712/2009 and 716/2009 that were on− going against him in the District Court of Arusha ("hereinafter referred to as the Criminal Cases") alleging that he was unlawfully arrested, interrogated, detained, charged and imprisoned contrary to Sections 13(1)(a) and (b), 3(a), (b) and (c), 32(1), (2) and (3), 33, 38 (1), (2) and (3), 50 (1) and 52(1), (2) and (3) of the Criminal Procedure Act, Chapter 20 of the Laws of Tanzania, Revised Edition 2002 ("hereinafter referred to as the Criminal Procedure Act''). The Applicant alleges that his arrest, detention, charging and imprisonment in connection with the Criminal Cases were unlawful and therefore violated his right under Article 15(1) and (2) (a) of the Constitution of the United Republic of Tanzania, to freedom, as well as the guarantee that such freedom shall only be deprived under circumstances, and in accordance, with procedures prescribed by law. The Applicant also alleges that the seizure of his property, allegedly in connection with the Criminal Cases, is in contravention of his right to property as set out in Article 24(1) and (2) of the Constitution of the United Republic of Tanzania, and therefore unlawful. 4. The Applicant also alleges that the Police of the United Republic of Tanzania contravened the procedure for the search and seizure of property as set out in the Criminal Procedure Act in relation to his property. The Applicant alleges the violation of his right to own property, of the protection of his property held in accordance with the law, and the right not to be unlawfully deprived of his property, as provided for in Articles 24(1) and (2) of the Constitution of the United Republic of Tanzania. Procedure 5. The Application was received at the Registry on 30 September 2011. Annexed to the Application was a list of property that the Applicant alleges was illegally seized by the Police. 6. By a letter dated 4 October 2011, the Registrar acknowledged receipt of the Application and advised the Applicant to ensure compliance with Rule 34 of the Rules. 7. By a letter dated 20 February 2012, the Applicant responded to the Registrar's letter of 13 February 2012, alleging that despite his efforts, through correspondence to various Ministries and the Commission on Human Rights and Good Governance, to have his complaints addressed, nothing has happened, resulting in an inordinate delay in accessing local remedies to resolve the matters that are the basis of his application. He stated that he has also brought an action, Criminal Application Number 16 of 2011 filed at the High Court of Tanzania at Arusha on 19 May 2011 under certificate of urgency alleging violation of his constitutional rights. He stated that the case has not been heard due to the lack of coram of three Judges as required by the Basic Rights and Duties Enforcement Act. He stated that such a delay in determining this petition is unduly prolonged and is contrary to Article 7 of the African Charter on Human and Peoples' 2