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Tanzania decisions
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The African Court held it had jurisdiction but found the application inadmissible because the applicant did not exhaust local remedies, including cassation.
The Court found that the Tunisian people participated indirectly in the drafting and adoption of the 2014 Constitution through their elected representatives, so the absence of a referendum did not violate Article 20. However, the Respondent State violated Article 26 by interfering in the independence of the judiciary through Decree-Law No. 2022-11 and failing to establish the Constitutional Court, and violated the independence of the legislature by suspending and dissolving the Assembly of People’s Representatives and assuming legislative powers for an extended period.
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The African Court dismissed Edison Simon Mwombeki’s claims against Tanzania, finding no violation of the rights to be heard, equal protection, or dignity.
The African Court held that Harouna Dicko and Others v. Burkina Faso was within its jurisdiction, but declared the application inadmissible for non-exhaustion of local remedies.
The African Court held that Lompo Bahanla’s application against Burkina Faso was inadmissible because he had not exhausted local remedies, especially a pending cassation appeal.
The Court found the application admissible only for the claim against the applicant’s lawyers, but held there was no fair-trial violation and dismissed reparations.
The Respondent State violated the Second Applicant's right to defence by failing to provide free legal assistance during trial and appeals, contrary to Article 7(1)(c) of the Charter and Article 14(3)(d) ICCPR. The imposition of life imprisonment on a minor, without applying a more lenient penalty introduced by subsequent legislation, violated Article 15(1) ICCPR. The introduction of corporal punishment as an alternative sentence for minors violated Article 5 of the Charter. The sentencing failed to consider the best interests of the child as required by Article 17(3) ACRWC and Article 40(1)…
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The applicants did not exhaust the cassation remedy, which is available and effective in Côte d’Ivoire. Their arguments regarding lack of awareness and legal assistance are insufficient. The applications are inadmissible for failure to meet the exhaustion of local remedies requirement under Article 56(5) of the Charter.
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The application is inadmissible because the applicant had not exhausted domestic remedies, specifically the cassation appeal, which was still pending at the time of filing. The Court found no evidence of abnormal prolongation or ineffectiveness of the remedy.
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The African Court found no violation of fair trial rights in Shabani Menge’s armed robbery conviction and dismissed his reparations claims.
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