vi) Mr. Michael LUENA, Principal State Attorney;
vii) Mr. Veritas MLAY, State Attorney
After deliberation,
delivers the following Judgment:
I. THE PARTIES
1. The Applicant is Mr. Mohamed Abubakari, a national of the United Republic of
Tanzania, who is currently serving a thirty-year term of imprisonment at the Karanga Main
Prison at Moshi, Kilimanjaro, for the offence of armed robbery.
2. The Respondent is the United Republic of Tanzania which ratified the African Charter
on Human and Peoples' Rights (hereinafter referred to as "the Charter") on 18 February
1984, the Protocol on 7 February 2006; and deposited the declaration accepting the
jurisdiction of the Court to receive cases from individuals and non-governmental
organisations on 29 March 2010. The Respondent also acceded to the 11 December
1966 International Covenant on Civil and Political Rights (hereinafter referred to as "the
Covenant") on 11 July 1976.
II. SUBJECT OF THE APPLICATION
3. The Court was seised of an Application dated 8 October 2013 to which written
submissions were annexed. The Annex comprised a copy of the Judgment of the Court
of Appeal of Tanzania in Criminal Appeal No. 48 of 2004, in the matter of Mohamed
Abubakari v. The Republic 1 of 5 October 2004.
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Also attached to the Application is another Judgment of the High Court of Moshi dated 27 February 2013
in another Case, Alfayo Michel Shemwilu and Ramadhani Shekiondo v. The Republic Criminal Revision
No. 2 of 2013. This Judgment is on the issue of the sentence applicable in case of a crime of armed robbe~
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