anatory c republique unie de tanzanie requete n 0572016 2016 afchpr 58 18 novembre 2016

anatory c republique unie de tanzanie requete n 0572016 2016 afchpr 58 18 novembre 2016

Given the applicant faces the death penalty and alleges violations of rights protected by Article 7(1) of the Charter, there is a situation of extreme gravity and risk of irreparable harm, justifying provisional measures to preserve the status quo pending the main decision.

Source-derived case information.

Citation
anatory c republique unie de tanzanie requete n 0572016 2016 afchpr 58 18 novembre 2016
Parties
Applicant: Mulokozi Anatory; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Application for Provisional Measures / Interlocutory (provisional Measures Order)
Outcome
Provisional measures granted
Legal Topics
Right to Fair Trial, Death Penalty, Provisional Measures, Access to Justice
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Death Penalty Provisional Measures Access to Justice

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Parties

Mulokozi Anatory

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Application for Provisional Measures / Interlocutory (provisional Measures Order)

  1. 1 Whether the applicant's rights under Article 7(1) of the African Charter were violated
  2. 2 Whether the imposition of the death penalty presents a risk of irreparable harm justifying provisional measures

Ratio Decidendi

Given the applicant faces the death penalty and alleges violations of rights protected by Article 7(1) of the Charter, there is a situation of extreme gravity and risk of irreparable harm, justifying provisional measures to preserve the status quo pending the main decision.

Court Disposition

Provisional measures granted

Orders

  • The Respondent is ordered to stay the execution of the death penalty against the Applicant pending the decision on the main application.
  • The Respondent is ordered to report to the Court within sixty (60) days from receipt of the present Order on measures taken to implement it.