00052 0 The Application is filed against the United Republic of Tanzania (hereinafter 2 referred to as the "Respondent State"), which became a Party to the African Charter on Human and Peoples' Rights (hereinafter referred to as the "Charte/') on 21 October 1986, and to the Protocol on '10 February 2006. Furthermore, on 29 March 2010, the Respondent State deposlted the Declaration prescribed under Article 34(6) of the Protocol, by which it accepted the jurisdiction of the Court to receive applications from individuals and Non- Governmental Organisations (NGOs). II. SUBJECT OF THE APPLICATION A. Facts of the mafter 3 It emerges from the record that, on 22 September 2005, the Applicant was arrested at Rubaragazi village following an attack that he and five (5) other persons perpetrated around Rubaragazi lsland on 7 September 2005 on Magongo William and Faida Charles who were fishing on a boat belonging to Gregory John Kazembe. They robbed the two (2) aforementioned fshermen of an out-boat engine, a fuel tank, a fuel line, an engine switch and fourty seven (47) fishing nets. 4 The Applicant was charged on 26 September 2006, with the offence of armed robbery before the District Court of Sengerema at Sengerema in Mwanza, in criminal case No. 288 of 2005. on 14 November 2006, that court convicted the Applicant and sentenced him to thirty (30) years lmprisonment. 5 On 7 February 2007, the Applicant fited Criminat Appeat No. 52 of 2007 at the High Court of Tanzania at Mwanza. On 4 February 2009, this appeal was struck out for lack of a proper notice of appeal. By the same decision striking out the Appeal, the court allowed the Applicant to seek leave to file his notice of appeal out of time, which he subsequently did through Miscellaneous criminal Application No. 88 of 2009 filed at the High court of ranzania at Mwanza. The High Court granted the leave sought by an Order of 6 September 2010 and thereafter, on 27 September 2010, the Applicant filed Criminal Ap 3 r}l 70 ot