josiah c republica unida da tanzania processo n 0532016 2019 afchpr 11 28 marco 2019

josiah c republica unida da tanzania processo n 0532016 2019 afchpr 11 28 marco 2019

The Court found that the applicant exhausted domestic remedies by appealing to the highest court, that the evaluation of evidence by the national courts did not reveal manifest error or denial of justice, and that there was no violation of the applicant's rights to a fair trial or equality before the law under the...

Source-derived case information.

Citation
josiah c republica unida da tanzania processo n 0532016 2019 afchpr 11 28 marco 2019
Parties
Applicant: Oscar Josiah; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Petition / Merits Judgment
Outcome
application dismissed
Legal Topics
Right to Fair Trial, Equality Before the Law, Exhaustion of Domestic Remedies, Criminal Procedure, Judicial Review
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Equality Before the Law Exhaustion of Domestic Remedies Criminal Procedure Judicial Review

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Oscar Josiah

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Petition / Merits Judgment

  1. 1 Whether the applicant's right to a fair trial under Article 7 of the African Charter was violated
  2. 2 Whether the applicant's right to equality before the law and equal protection of the law under Article 3 of the African Charter was violated
  3. 3 Whether the applicant exhausted domestic remedies

Ratio Decidendi

The Court found that the applicant exhausted domestic remedies by appealing to the highest court, that the evaluation of evidence by the national courts did not reveal manifest error or denial of justice, and that there was no violation of the applicant's rights to a fair trial or equality before the law under the African Charter.

Court Disposition

application dismissed

Orders

  • The Court rejects the applicant's claims for annulment of conviction and release.
  • Each party shall bear its own costs.