josiah c republique unie de tanzanie requete n 0532016 2019 afchpr 11 28 mars 2019

josiah c republique unie de tanzanie requete n 0532016 2019 afchpr 11 28 mars 2019

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

Source-derived case information.

Citation
josiah c republique unie de tanzanie requete n 0532016 2019 afchpr 11 28 mars 2019
Parties
Applicant: Oscar Josiah; Respondent: Republique-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Petition / Final Merits Judgment
Outcome
application dismissed
Legal Topics
Right to Fair Trial, Equality Before the Law, Exhaustion of Domestic Remedies, Judicial Review, Criminal Procedure
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Equality Before the Law Exhaustion of Domestic Remedies Judicial Review Criminal Procedure

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Parties

Oscar Josiah

Applicant

Republique-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Petition / Final 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 as required

Ratio Decidendi

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

Court Disposition

application dismissed

Orders

  • The Court rejects the applicant's claims of violations of Articles 3 and 7 of the Charter.
  • The Court rejects the applicant's request for annulment of conviction and release.