zabron c republique unie de tanzanie requete n 0512016 2024 afchpr 12 4 juin 2024

zabron c republique unie de tanzanie requete n 0512016 2024 afchpr 12 4 juin 2024

The mandatory imposition of the death penalty without judicial discretion violates the right to life and dignity under the African Charter. The applicant's prolonged pre-trial detention breached the right to be tried within a reasonable time. Failure to inform the applicant of his right to consular assistance...

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Citation
zabron c republique unie de tanzanie requete n 0512016 2024 afchpr 12 4 juin 2024
Parties
Applicant: Nzigiyimana Zabron; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed; violations found; reparations ordered.
Legal Topics
Right to Life, Right to Dignity, Right to Fair Trial, Death Penalty, Consular Assistance, Detention Conditions
Source Language
en
Human Rights Law Criminal Law International Law Right to Life Right to Dignity Right to Fair Trial Death Penalty Consular Assistance +1 more

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Parties

Nzigiyimana Zabron

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the mandatory death penalty violates the right to life and dignity under the African Charter
  2. 2 Whether the applicant's right to a fair trial was violated (delay, defence, presumption of innocence)
  3. 3 Whether the applicant was denied consular assistance

Ratio Decidendi

The mandatory imposition of the death penalty without judicial discretion violates the right to life and dignity under the African Charter. The applicant's prolonged pre-trial detention breached the right to be tried within a reasonable time. Failure to inform the applicant of his right to consular assistance violated international obligations. Detention on death row and poor prison conditions amounted to cruel, inhuman or degrading treatment. However, the right to defence and presumption of innocence were not violated as per the evidence and national proceedings.

Court Disposition

Application partly allowed; violations found; reparations ordered.

Orders

  • State to pay applicant 300,000 Tanzanian shillings for moral damages within six months, tax free, with interest for delay.
  • State to ensure a new sentencing hearing for applicant within one year, with judicial discretion and no mandatory death penalty.