iii. Mr. Baraka LUVANDA, Ambassador, Head of Legal Unit, Ministry of Foreign
Affairs, East Africa, Regional and International Cooperation;
iv. Ms. Nkasori SARAKIKYA, Assistant Director, Human Rights, Principal State
Attorney, Ministry of Justice and Constitutional Affairs, Attorney General’s
Chambers;
v.
Ms Sylvia MATIKU, Principal State Attorney, Ministry of Justice and
Constitutional Affairs, Attorney General’s Chambers; and
vi. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs, East Africa,
Regional and International Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Habyalimana Augustino and Muburu Abdulkarim (hereinafter referred to as
“the First Applicant”, and “the Second Applicant” respectively; and “the
Applicants” jointly) are Burundian nationals and refugees in Tanzania, who
at the time of filing this Application were incarcerated at Butimba Central
Prison in Mwanza in Tanzania. The Applicants were convicted and
sentenced to death by hanging on 31 May 2007 by the High Court of
Tanzania at Bukoba for the offence of murder and are currently awaiting
execution. They allege the violation of their rights in the course of the
proceedings before domestic courts.
2.
The Application is filed against 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 through which it accepted the jurisdiction of the Court to receive
cases from individuals and Non-Governmental Organisations (hereinafter
2