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Ms. Aidah KISUMO, Senior State Attorney, Attorney General's Chambers;
vil
Mr. Elisha SUKU, Foreign Service Officer, Ministry of Foreign Affairs and
I
nternational Cooperation.
After deliberation,
renders the following Judgment
I.
THE PARTIES
1.
Shukrani Masegenya Mango, Ally Hussein Mwinyi, Juma Zuberi Abasi,
Julius Joshua Masanja, Michael Jairos, Azizi Athuman Buyogela,
Samwel M Mtakibidya (hereinafter referred to as "the Applicants") are all
nationals of the United Republic of Tanzania (hereinafter referred to as
"the Respondent State"). The First Applicant, Shukrani Masegenya
Mango, and the Seventh Applicant, Samwel M Mtakibidya, were both
convicted and sentenced for armed robbery while the rest
of
the
Applicants were convicted and sentenced for murder. Although the
Applicants were convicted in different cases and at different times, they
filed this Application jointly raising one major common grievance which
relates to the exercise of the presidential prerogative of mercy by the
Respondent State. With the exception of the Second Applicant, who died
on 1 1 May 2015, all the Applicants are serving their sentences at Ukonga
Central Prison in Dar es Salaam.
2.
The Respondent State 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. lt also deposited,
on 29 March 2010, the Declaration under Article 34(6) of the protocol
through which it accepts the jurisdiction of the Court to receive cases
from individuals and Non-Governmental Organisations
2
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