iv. Ms. Nkasori SARAKIKYA, Assistant Director, Human Rights, Principal State
Attorney, Ministry Constitutional and Legal Affairs, Attorney General’s
Chambers;
v.
Mr. Richard J. KILANGA, Senior State Attorney, Ministry Constitutional and
Legal Affairs, Attorney General’s Chambers; and
vi. Mr. Elisha SUKA, Foreign Service Officer, Ministry of Foreign Affairs, East
Africa, Regional and International Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
John Lazaro (hereinafter referred to as, “the Applicant”) is a national of
Tanzania who, at the time of filing this Application, was incarcerated at
Butimba Central Prison in Mwanza, Tanzania. He was convicted of murder
and sentenced to death on 6 August 2010 and is currently awaiting
execution. He alleges violation of his rights in the course of the proceedings
before the domestic courts.
2.
The Respondent State is 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
deposited, on 29 March 2010, the Declaration under Article 34(6) of the
Protocol by virtue of which it accepted the jurisdiction of the Court to receive
cases from individuals and Non-Governmental Organisations (hereinafter
referred to as “the Declaration”). On 21 November 2019, the Respondent
State deposited, with the Chairperson of the African Union 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
2