mukwano c republique unie de tanzanie requete n 0212016 2022 afchpr 10 24 mars 2022

mukwano c republique unie de tanzanie requete n 0212016 2022 afchpr 10 24 mars 2022

The applicant exhausted domestic remedies only regarding the claim about the retracted confession; the courts properly considered this issue and found the confession voluntary. No evidence of discrimination or denial of equal protection was established. No violation of the Charter was found.

Source-derived case information.

Citation
mukwano c republique unie de tanzanie requete n 0212016 2022 afchpr 10 24 mars 2022
Parties
Applicant: Joseph Mukwano; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Human Rights Application / Final Judgment
Outcome
application dismissed
Legal Topics
Right to Fair Trial, Non Discrimination, Equal Protection of the Law, Exhaustion of Domestic Remedies
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Non Discrimination Equal Protection of the Law Exhaustion of Domestic Remedies

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joseph Mukwano

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to a fair trial was violated by reliance on retracted confession allegedly obtained under torture
  2. 2 Whether the applicant was discriminated against or denied equal protection of the law
  3. 3 Whether the applicant exhausted domestic remedies

Ratio Decidendi

The applicant exhausted domestic remedies only regarding the claim about the retracted confession; the courts properly considered this issue and found the confession voluntary. No evidence of discrimination or denial of equal protection was established. No violation of the Charter was found.

Court Disposition

application dismissed

Orders

  • Court is competent
  • Application partially receivable (only on retracted confession issue)