bunyerere c republica unida da tanzania processo n 0312015 2019 afchpr 51 28 novembro 2019

bunyerere c republica unida da tanzania processo n 0312015 2019 afchpr 51 28 novembro 2019

The Court found that the applicant had exhausted domestic remedies and filed the application within a reasonable time. However, it held that the national courts' evaluation of evidence and application of the doctrine of recent possession did not amount to manifest error or denial of justice. The applicant failed to...

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Citation
bunyerere c republica unida da tanzania processo n 0312015 2019 afchpr 51 28 novembro 2019
Parties
Applicant: Dismas Bunyerere; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Right to Non Discrimination, Right to Equality Before the Law, Right to Fair Trial, Exhaustion of Domestic Remedies, Reasonable Time for Application
Source Language
en
Human Rights Law Criminal Law Right to Non Discrimination Right to Equality Before the Law Right to Fair Trial Exhaustion of Domestic Remedies Reasonable Time for Application

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Parties

Dismas Bunyerere

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's rights under Articles 2, 3, and 7 of the African Charter were violated by the respondent state
  2. 2 Whether the application met the requirements of exhaustion of domestic remedies and reasonable time for filing

Ratio Decidendi

The Court found that the applicant had exhausted domestic remedies and filed the application within a reasonable time. However, it held that the national courts' evaluation of evidence and application of the doctrine of recent possession did not amount to manifest error or denial of justice. The applicant failed to substantiate claims of discrimination or unequal protection. No violation of Articles 2, 3, or 7 of the Charter was established.

Court Disposition

Application dismissed

Orders

  • The application is declared admissible.
  • No violation of Articles 2, 3, or 7 of the Charter is found.