rajabu and autres c republique unie de tanzanie requete n 0072015 2016 afchpr 77 18 mars 2016

rajabu and autres c republique unie de tanzanie requete n 0072015 2016 afchpr 77 18 mars 2016

The Court found that the applicants, being under sentence of death and facing imminent execution, are at risk of irreparable harm to their rights under Article 7 of the African Charter and Article 14 of the ICCPR. The Court has prima facie jurisdiction and the circumstances require preservation of the status quo...

Source-derived case information.

Citation
rajabu and autres c republique unie de tanzanie requete n 0072015 2016 afchpr 77 18 mars 2016
Parties
Applicant: Ally Rajabu; Applicant: Angaja Kazeni alias Oria; Applicant: Geofrey Stanley alias Babu; Applicant: Emmanuel Michael alias Atuu; Applicant: Julius Michael; Respondent: Republique-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Human Rights Application / Provisional Measures Order
Outcome
Provisional measures granted
Legal Topics
Right to Fair Trial, Death Penalty, Provisional Measures, Judicial Procedure
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Death Penalty Provisional Measures Judicial Procedure

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Parties

Ally Rajabu

Applicant

Angaja Kazeni alias Oria

Applicant

Geofrey Stanley alias Babu

Applicant

Emmanuel Michael alias Atuu

Applicant

Julius Michael

Applicant

Republique-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Provisional Measures Order

  1. 1 Whether the applicants' rights under Article 7 of the African Charter and Article 14 of the ICCPR are at risk of irreparable harm due to the imminent execution of the death penalty.
  2. 2 Whether the Court has prima facie jurisdiction to order provisional measures.

Ratio Decidendi

The Court found that the applicants, being under sentence of death and facing imminent execution, are at risk of irreparable harm to their rights under Article 7 of the African Charter and Article 14 of the ICCPR. The Court has prima facie jurisdiction and the circumstances require preservation of the status quo through provisional measures.

Court Disposition

Provisional measures granted

Orders

  • Respondent is ordered to stay execution of the death penalty against the applicants pending the main application.
  • Respondent must report to the Court within thirty days on measures taken to implement this order.