v.
Ms Jacqueline KINYASI, State Attorney, Office of the Solicitor General; and
vi.
Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
African Cooperation.
after deliberation,
renders this Judgment:
I.
THE PARTIES
1.
Ms. Ghati Mwita (hereinafter referred to as “the Applicant”) is a national of
the United Republic of Tanzania. At the time of filing the Application, she
was serving a death sentence at Butimba Central Prison, Mwanza, having
been tried and convicted for the offence of murder. She alleges a violation
of her rights in connection with her conviction and sentencing.
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 (“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 NonGovernmental Organisations. On 21 November 2019, the Respondent
State deposited, with the Chairperson of the African Union Commission, an
instrument withdrawing its Declaration. The Court has held that this
withdrawal does not have any effect on pending cases as well as new cases
filed before 22 November 2020, which is the day on which the withdrawal
took effect, being a period one (1) year after its deposit.2
2
Andrew Ambrose Cheusi v. United Republic of Tanzania, ACtHPR, Application No. 004/2015,
Judgment of 26 June 2020 (merits and reparations), § 38.
2