werema and another c republique unie de tanzanie requete n 0242015 2018 afchpr 21 7 decembre 2018

werema and another c republique unie de tanzanie requete n 0242015 2018 afchpr 21 7 decembre 2018

The Court found that the applicants had exhausted domestic remedies as required, and that the application was filed within a reasonable time. On the merits, the Court held that the national courts' assessment of evidence did not reveal manifest error or denial of justice, and that the applicants failed to prove any...

Source-derived case information.

Citation
werema and another c republique unie de tanzanie requete n 0242015 2018 afchpr 21 7 decembre 2018
Parties
Applicant: Werema Wangoko Werema; Applicant: Waisiri Wangoko Werema; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Application / Final 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

Werema Wangoko Werema

Applicant

Waisiri Wangoko Werema

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicants' right to a fair trial under Article 7 of the African Charter was violated
  2. 2 Whether the applicants' right to equality before the law under Article 3 of the African Charter was violated
  3. 3 Whether the application was admissible regarding exhaustion of domestic remedies and reasonable time

Ratio Decidendi

The Court found that the applicants had exhausted domestic remedies as required, and that the application was filed within a reasonable time. On the merits, the Court held that the national courts' assessment of evidence did not reveal manifest error or denial of justice, and that the applicants failed to prove any violation of their rights to a fair trial or equality before the law. No violation of the African Charter was established.

Court Disposition

Application dismissed

Orders

  • The Court rejects the objections to its jurisdiction and declares itself competent.
  • The Court rejects the objections to admissibility and declares the application admissible.