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Human rights law ali and another v republic of tunisia 0092023 2024 afchpr 16 3 2024

ali and another v republic of tunisia 0092023 2024 afchpr 16 3 2024

Court
TANZLII

The application is inadmissible because the applicants did not exhaust domestic remedies; their appeal against the indictment and continued detention was still pending before the national Court of Cassation at the time of filing. The Court therefore cannot consider the merits or order interim measures.

Source excerpt

  • Admissibility of applications
  • Exhaustion of domestic remedies
  • Arbitrary detention
  • Right to liberty and security
  • Right to fair trial
  • Freedom of expression
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Human rights law haidara et autres c republique du mali requete no 0092024 2024 afchpr 22 29 octobre 2024

haidara et autres c republique du mali requete no 0092024 2024 afchpr 22 29 octobre 2024

Court
TANZLII

The applicants demonstrated, through medical certificates and corroborating evidence, that their health is in a precarious state due to alleged torture and inadequate prison medical care, creating a real and imminent risk of irreparable harm. The urgency and extreme gravity conditions are met. The Court, exercising its discretion, finds it necessary to order suspension of detention to allow access to specialized medical treatment until completion of such treatment.

Source excerpt

  • Provisional measures
  • Torture and ill-treatment
  • Arbitrary detention
  • Right to health
  • Right to liberty
  • Right to effective remedy
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Human rights law noudehouenou v republic of benin application no 0102021 2022 afchpr 56 20 december 2022

noudehouenou v republic of benin application no 0102021 2022 afchpr 56 20 december 2022

Court
TANZLII

The African Court found that requests tied to Benin’s 2021 presidential election were moot and rejected the remaining provisional measures sought.

  • Provisional measures
  • Enforcement of judgments
  • Right to effective remedy
  • Arbitrary detention
  • Election rights
  • Provisional-measures
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Human rights dr amin mekki medani and mr farouq abu eissa v republic of sudan communication 51115 2022 achpr 3 9 november 2022

dr amin mekki medani and mr farouq abu eissa v republic of sudan communication 51115 2022 achpr 3 9 november 2022

Court
ACHPR

The African Commission found Sudan violated Charter rights after arbitary arrest, incommunicado detention, torture, denial of fair trial safeguards, and retaliation for political expression.

  • Arbitrary detention
  • Torture and ill-treatment
  • Fair trial
  • Freedom of expression
  • Freedom of association
  • State obligations
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Human rights famille de feu jackson ndikuriyo v burundi communication 47314 2022 achpr 8 2 aout 2022

famille de feu jackson ndikuriyo v burundi communication 47314 2022 achpr 8 2 aout 2022

Court
ACHPR

Burundi violated Articles 1, 4, 5, 6, 7(1)(a) read with 26, 9(2), and 18(1) of the African Charter by failing to prevent, investigate, and remedy the extrajudicial execution of Jackson Ndikuriyo, torture and intimidation of his family, arbitrary detention, denial of access to justice, lack of judicial independence, restriction of freedom of expression, and failure to protect the family, in a context of impunity and absence of effective remedies.

Source excerpt

  • Right to life
  • Torture
  • Arbitrary detention
  • Judicial independence
  • Freedom of expression
  • Family protection
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Human rights law noudehouenou c republique du benin requete n 0102021 2022 afchpr 56 20 decembre 2022

noudehouenou c republique du benin requete n 0102021 2022 afchpr 56 20 decembre 2022

Court
TANZLII

The Court found that it had prima facie jurisdiction as the alleged violations concerned rights protected by instruments ratified by the respondent States and the application was filed before the withdrawal of relevant declarations took effect. However, the requests for provisional measures regarding the 2021 presidential election were moot as the election had already occurred. The request to order measures against the Executive Council was inadmissible as it is not a party to the proceedings. The request to suspend the detention of Reckya Madougou was unfounded as her detention was based on…

Source excerpt

  • Provisional measures
  • Execution of judgments
  • State responsibility
  • Right to effective remedy
  • Right to fair trial
  • Arbitrary detention
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Human rights law el sharkawi represented by eipr and osji v republic of egypt communication 39611 2021 achpr 521 20 october 2021

el sharkawi represented by eipr and osji v republic of egypt communication 39611 2021 achpr 521 20 october 2021

Court
ACHPR

The Commission found that the victim was subjected to torture, incommunicado detention, and degrading conditions in violation of Article 5; his detention was arbitrary, unlawful, and not under effective judicial control in violation of Article 6; he was denied fair trial rights, including access to counsel and timely trial, in violation of Article 7 and 26; his rights to freedom of religion, health, and family life were violated under Articles 8, 16, and 18; and the state failed to provide redress or adequate legislative safeguards as required by Article 1. The Commission held that Egypt's le…

Source excerpt

  • Torture
  • Arbitrary detention
  • Fair trial
  • Right to health
  • Right to family life
  • Freedom of religion
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Human rights law mahok v attorney general of the republic of south sudan application 20 of 2018 2019 eacj 30 5 december 2019

mahok v attorney general of the republic of south sudan application 20 of 2018 2019 eacj 30 5 december 2019

Court
EACJ

The Application was not time-barred as the Reference was based on continuing violations following the Revitalized Agreement and Republican Order, and was filed within two months of those acts. However, the Applicant failed to demonstrate irreparable harm not compensable by damages, as the alleged injuries (detention, closure of businesses, freezing of accounts) could be remedied by damages. The threshold for interim orders was not met.

Source excerpt

  • Arbitrary detention
  • Right to fair trial
  • Freezing of assets
  • Interim injunctions
  • Time-bar under treaty law
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Human rights law ndagijimana v tanzania application no 0242019 2019 afchpr 37 26 september 2019

ndagijimana v tanzania application no 0242019 2019 afchpr 37 26 september 2019

Court
TANZLII

The African Court dismissed Jean de Dieu Ndajigimana’s request for provisional measures after finding the requested release relief moot because he had already been released to Rwanda.

  • Provisional measures
  • Arbitrary detention
  • Jurisdiction
  • Right to liberty
  • Provisional-measures
  • Mootness
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.