Kalijo v United Republic of Tanzania (Application No. 026/2017) [2019] AfCHPR 94 (27 August 2019)

$026|2017$ $(27|08|2019)$ $(000271 - 000267)$

## 000271


THE MATTER OF

### **MAURIDI SWADI @ MSWEZI KALIJO**

$V_{\cdot}$

### **UNITED REPUBLIC OF TANZANIA**

APPLICATION No. 026/2017

ORDER FOR REOPENING OF PLEADINGS

27 AUGUST 2019

## 000270

The Court composed of: Sylvain ORE, President; Ben KIOKO, Vice-President; Rafa6 BEN ACHOUR, Angelo V. MATUSSE, Suzanne MENGUE, M-Th6rdse MUKAMULISA Tujilane R. CHIZUMILA, Chafika BENSAOULA, Blaise TCHIKAYA, Stella l. ANUKAM, Judges; and Robert ENO, Registrar.

Pursuant to Article 22 of the Protocol to the African Charter on Rights on the Establishment of an African Court on Human (hereinafter refened to as "the Protocol") and Rule 8(2) of (hereinafter refened to as "the Rules"), Judge lmani D. ABOUD, and a national of Tanzania, did not hear the Application. Human and Peoples' and Peoples' Rights the Rules of Court member of the Court

ln the Mafter of:

o

o

Maulidi Swedi @ Mswezi Kalijo

Self -represented

Versus

UNITED REPUBLIC OF TANZANIA

represented by:

- Dr Clement J. MASHAMBA Solicitor Generai, Office of the Solicitor General; - il Ms. Sarah MWAIPOPO, Director, Constitutional Affairs and Human Rights, Attorney General's Cham bers; - Mr. Zachariah ELISARIA, Senior State Attorney, Attorney Generai's Chambers; l - Ms. Nkasori SARAKIKYA, Principal State Attorney, Attorney General's Chambers; lv

00026t

- Mr. Benedict T. MSUYA, Second Secretary, Legal Officer, Ministry of Foreign Affairs and I nternational Cooperation; - Mr. Michael LUENA, Principal State Attorney. Attorney General's Chambers; VI - Mr. Veritas MLAY State Attorney, Attorney General's Chambers. v

after deliberation,

o

r.ssues the following Order,

# o I. THE PARTIES

- 1. Mr. Maulidi Swedi @ Mswezi Kalijo, (hereinafter referred to as "the Applicant") is <sup>a</sup> national of Tanzania, who was arrested and convicted for the crime of armed robbery and sentenced to 30 years imprisonment by the District Court of Nzega on the 21 september 2005. He filed an appeal at the court of Appeal of ranzania at Tabora (Criminal Appeal No. 186 of 2008), and on 29 March 2011, the Court of Appeal upheld the decision of the District Court. The Applicant is cunently serving his sentence at Uyui Central Prison, Tabora. - 2. The Respondent state is the United Republic olranzania, which became a party to the African Charter on Human and Peoples' Rights (hereinafter refered to as the "Charte/') on 21 October 1986, and to the Prolocol on 10 February 2006. Furthermore, the Respondent state, on 2g March 2010, deposited the Declaration prescribed under Article 34(6) of the Protocol, by which it accepts the jurisdiction of the Court to receive applications from individuals and NGOs.

#### il SUBJECT MATTER OF THE APPLICATION

3. The Application, filed on 31 August 2017, is based on the Respondent State's alleged violations of the Applicant's rights to fair trial, equality before the law and equal protection by the law, as provided for under Articles 2,3(1) and (2) and I of the Charter, as well as Articles 13(6) (a) of the Respondent State's Constitution of 1977.

## I!I. SUMMARY OF THE PROGEDURE BEFORE THE COURT

- 4. The Application was received at the Registry of the Court on 31 August 2017. - 5. The Responsdent State filed its Response to the Application on 21 March 2019. - 6. After extensions of time granted to the Applicant on 30 April 2019; 30 May <sup>2019</sup>and I June 2019, on 17 July 2019, pleadings were closed and the Parties were duly notified. - 7. On 7 August 2019, the Applicant filed his Reply to the Respondent State's Response to the Application.

#### IV THE COURT:

t

o

o

- i. Orders that the proceedings in Application No. 026/2017 Maulidi Swedi @ Mswezi Kalijo v. United Republic of Tanzania be and are hereby reopened; - ii. Rules that, in the interests of justice, the Applicant's Reply to the Respondent State's Response the Application be deemed to have been properly filed; and - iii. Orders the Respondent State to submit his Reply to the Applicant's Response, if any, within thirty (30) days of receipt thereof.

Signed

Sylvain ORE, President;


# $\mathcal{L} = 000267$

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and Robert ENO, Registrar.

Done at Arusha, this Twenty Seventh Day of August in the Year 2019, in English and French, the English text being authoritative.