gabriel and another c republique unie de tanzanie requete n 0502016 2016 afchpr 53 18 novembre 2016

gabriel and another c republique unie de tanzanie requete n 0502016 2016 afchpr 53 18 novembre 2016

The applicants face imminent execution, which presents a situation of extreme gravity and risk of irreparable harm to their rights under the Charter. The Court has prima facie jurisdiction and is empowered to order provisional measures to preserve the status quo pending the determination of the main application.

Source-derived case information.

Citation
gabriel and another c republique unie de tanzanie requete n 0502016 2016 afchpr 53 18 novembre 2016
Parties
Applicant: Crospery Gabriel; Applicant: Ernest Mutakyawa; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Application for Provisional Measures / Interlocutory Order on Provisional Measures
Outcome
provisional measures granted
Legal Topics
Right to Life, Death Penalty, Fair Trial, Provisional Measures
Source Language
en
Human Rights Law Criminal Law Right to Life Death Penalty Fair Trial Provisional Measures

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Parties

Crospery Gabriel

Applicant

Ernest Mutakyawa

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Application for Provisional Measures / Interlocutory Order on Provisional Measures

  1. 1 Whether the applicants' rights under the African Charter on Human and Peoples' Rights are at risk of irreparable harm due to the imminent execution of the death penalty.
  2. 2 Whether the Court should order provisional measures to preserve the applicants' rights pending the determination of the main application.

Ratio Decidendi

The applicants face imminent execution, which presents a situation of extreme gravity and risk of irreparable harm to their rights under the Charter. The Court has prima facie jurisdiction and is empowered to order provisional measures to preserve the status quo pending the determination of the main application.

Court Disposition

provisional measures granted

Orders

  • The respondent is ordered to stay the execution of the applicants pending the decision on the main application.
  • The respondent is ordered to report to the Court within sixty (60) days on measures taken to implement this order.