vi. Ms. Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs, East
African Cooperation.
after deliberation,
renders the following Judgment:
I.
THE PARTIES
1.
Hamisi Mashishanga (hereinafter referred to as “the Applicant”) is a national
of the United Republic of Tanzania, who at the time of filing the Application,
was incarcerated at Uyui Central Prison, Tabora, where he is serving a
sentence for the offences of burglary and armed robbery. He alleges a
violation of his fair trial rights during the domestic proceedings.
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 to the Protocol on 10 February 2006.
Furthermore, the Respondent State, on 29 March 2010, deposited the
Declaration prescribed under Article 34(6) of the Protocol (hereinafter
referred to as “the Declaration”), by virtue of which it accepted the
jurisdiction of the Court to receive applications 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 held that this withdrawal
has no bearing on pending cases and new cases filed before the withdrawal
came into effect, that is, on 22 November 2020,2 which is one year after its
deposit.
2
Andrew Ambrose Cheusi v. United Republic of Tanzania, ACtHPR, Application No. 004/2015,
Judgment of 26 June 2020 (merits and reparations), §§ 37-39.
2