mlama and others c republique unie de tanzanie requete n 0192016 2020 afchpr 26 25 septembre 2020

mlama and others c republique unie de tanzanie requete n 0192016 2020 afchpr 26 25 septembre 2020

The Court found that the applicants had exhausted domestic remedies and filed within a reasonable time given their incarceration and lack of legal assistance. The evidence did not show judicial partiality or that the applicants were convicted for a non-existent offence, as the relevant penal code provisions existed...

Source-derived case information.

Citation
mlama and others c republique unie de tanzanie requete n 0192016 2020 afchpr 26 25 septembre 2020
Parties
Applicant: Job Mlama; Applicant: Ancieth Edward; Applicant: Shija Madata; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application dismissed; no violations found.
Legal Topics
Right to Fair Trial, Non Retroactivity of Criminal Law, Right to Liberty, Non Discrimination, Equality Before the Law
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Non Retroactivity of Criminal Law Right to Liberty Non Discrimination Equality Before the Law

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Parties

Job Mlama

Applicant

Ancieth Edward

Applicant

Shija Madata

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicants' conviction was based on partial assessment of evidence
  2. 2 Whether applicants were convicted for a non-existent offence
  3. 3 Whether refusal of bail violated the right to liberty

Ratio Decidendi

The Court found that the applicants had exhausted domestic remedies and filed within a reasonable time given their incarceration and lack of legal assistance. The evidence did not show judicial partiality or that the applicants were convicted for a non-existent offence, as the relevant penal code provisions existed and were reasonably interpreted by national courts. Refusal of bail was justified to protect the minor victim and was lawful, necessary, and proportionate. The applicants failed to substantiate claims of discrimination or sexism in the penal code. No violations of the African Charter were established.

Court Disposition

Application dismissed; no violations found.

Orders

  • Court rejects all exceptions to its competence and admissibility.
  • Court finds no violation of Articles 2, 3, 6, or 7 of the African Charter.