makame and others c republique unie de tanzanie requete n 0232016 2021 afchpr 35 25 juin 2021

makame and others c republique unie de tanzanie requete n 0232016 2021 afchpr 35 25 juin 2021

The Court found that the applicants' rights to a fair trial and equality before the law were not violated, as the Tanzanian judicial system provided for appeal to the highest court, the evidence was duly considered by national courts, no unequal treatment was established, and the need for an interpreter was not...

Source-derived case information.

Citation
makame and others c republique unie de tanzanie requete n 0232016 2021 afchpr 35 25 juin 2021
Parties
Applicant: Yahaya Zumo Makame; Applicant: Salum Mohamed Mpakarasi; Applicant: Said Ibrahim; Applicant: Mohamedi Gholumgader Pourdad; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Right to Fair Trial, Equality Before the Law, Appeal Rights, Interpretation Services, Exhaustion of Domestic Remedies
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Equality Before the Law Appeal Rights Interpretation Services Exhaustion of Domestic Remedies

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Parties

Yahaya Zumo Makame

Applicant

Salum Mohamed Mpakarasi

Applicant

Said Ibrahim

Applicant

Mohamedi Gholumgader Pourdad

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the absence of a higher appellate court violates the right to a fair trial and equality before the law
  2. 2 Whether the handling of evidence by national courts violated fair trial rights
  3. 3 Whether denial of interpreter to a non-native speaker violated fair trial rights

Ratio Decidendi

The Court found that the applicants' rights to a fair trial and equality before the law were not violated, as the Tanzanian judicial system provided for appeal to the highest court, the evidence was duly considered by national courts, no unequal treatment was established, and the need for an interpreter was not communicated. The exhaustion of domestic remedies requirement was satisfied as applicants had appealed to the highest court and were not required to pursue extraordinary remedies.

Court Disposition

Application dismissed

Orders

  • Rejection of all claims of violation of the Charter
  • Rejection of request for reparations