selemani c republique unie de tanzanie requete n 0422019 2020 afchpr 13 20 novembre 2020

selemani c republique unie de tanzanie requete n 0422019 2020 afchpr 13 20 novembre 2020

The applicant faces a real and imminent risk of irreparable harm due to the irreversible nature of the death penalty, and the Court has prima facie jurisdiction; therefore, provisional measures suspending execution are warranted until the merits are decided.

Source-derived case information.

Citation
selemani c republique unie de tanzanie requete n 0422019 2020 afchpr 13 20 novembre 2020
Parties
Applicant: Masudi Said Selemani; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Request for Provisional Measures in Human Rights Application / Interlocutory (provisional Measures Pending Merits Decision)
Outcome
Provisional measures granted
Legal Topics
Right to Life, Death Penalty, Right to Fair Trial, Right to Legal Representation, Provisional Measures
Source Language
en
Human Rights Law Criminal Law Right to Life Death Penalty Right to Fair Trial Right to Legal Representation Provisional Measures

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Parties

Masudi Said Selemani

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Request for Provisional Measures in Human Rights Application / Interlocutory (provisional Measures Pending Merits Decision)

  1. 1 Whether the applicant faces a risk of irreparable harm justifying provisional measures
  2. 2 Whether the Court has prima facie jurisdiction to order provisional measures
  3. 3 Whether the execution of the death penalty should be suspended pending the merits decision

Ratio Decidendi

The applicant faces a real and imminent risk of irreparable harm due to the irreversible nature of the death penalty, and the Court has prima facie jurisdiction; therefore, provisional measures suspending execution are warranted until the merits are decided.

Court Disposition

Provisional measures granted

Orders

  • The respondent state shall stay the execution of the death penalty imposed on the applicant pending the Court's decision on the merits.
  • The respondent state shall report to the Court within thirty (30) days from notification of this Order on measures taken to implement it.