Tanzania Case Law

augustino and another v united republic of tanzania merits and reparations application 0152016 2024 afchpr 19 3 september 2024

Court

TANZLII

The Court found that the Respondent State violated the Applicants' rights to consular assistance, interpretation, timely trial, and protection from torture and inhuman treatment, and that the mandatory death penalty and its method of execution by hanging violated the right to life and dignity. The Court held that the Respondent State failed to provide effective remedies for these violations and ordered legislative and administrative reforms, compensation, and rehearing on sentencing. The Court did not find violations regarding discrimination or legal representation.

Source excerpt

• Right to fair trial
• Death penalty
• Torture and inhuman treatment
• Right to life
• Non-discrimination
• Consular assistance

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application no 0512016 2024 afchpr 12 4 2024

Court

TANZLII

The mandatory imposition of the death penalty under Tanzanian law deprived the judicial officer of discretion to consider the circumstances of the crime and the offender, violating the applicant’s right to life and dignity. The applicant’s prolonged pretrial detention and time spent on death row constituted inhuman and degrading treatment. The respondent failed to inform the applicant of his right to consular assistance, violating international obligations. The applicant’s right to fair trial was violated regarding timely trial but not in respect of legal representation or translation.

Source excerpt

• Right to life
• Right to dignity
• Fair trial
• Mandatory death penalty
• Consular assistance
• Inhuman treatment

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augustino et autre c republique unie de tanzanie fond et reparations requete 0152016 2024 afchpr 19 3 septembre 2024

Court

TANZLII

The Court found that the mandatory imposition of the death penalty without judicial discretion violates the right to life and fair trial under the African Charter. Failure to inform the applicants of their right to consular assistance and to provide interpretation services violated their fair trial rights. Prolonged pre-trial detention, extended time on death row, and poor detention conditions amounted to cruel, inhuman or degrading treatment. The Court found no violation regarding discrimination or the effectiveness of legal assistance, as the evidence did not support these claims. The Court…

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• Right to life
• Prohibition of torture
• Right to fair trial
• Death penalty
• Non-discrimination
• Consular assistance

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zabron c republique unie de tanzanie requete n 0512016 2024 afchpr 12 4 juin 2024

Court

TANZLII

The mandatory imposition of the death penalty without judicial discretion violates the right to life and dignity under the African Charter. The applicant's prolonged pre-trial detention breached the right to be tried within a reasonable time. Failure to inform the applicant of his right to consular assistance violated international obligations. Detention on death row and poor prison conditions amounted to cruel, inhuman or degrading treatment. However, the right to defence and presumption of innocence were not violated as per the evidence and national proceedings.

Source excerpt

• Right to life
• Right to dignity
• Right to fair trial
• Death penalty
• Consular assistance
• Detention conditions

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zabron v united republic of tanzania application no 0512016 2022 afchpr 65 23 june 2022

Court

TANZLII

The African Court granted an applicant leave to amend his pleadings and treated later amended pleadings as duly filed, while deferring oral proceedings.

• Right to fair trial
• Right to dignity
• Right to life
• Death penalty
• Consular assistance
• Amendment of pleadings

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zabron c republique unie de tanzanie requetes n 0512016 2022 afchpr 66 23 juin 2022

Court

TANZLII

Applicant's request to modify pleadings is granted as the requirements of Rule 47(2) are satisfied, and justice requires allowing modification given initial lack of counsel and complexity of issues. Modified pleadings submitted before leave are deemed regularly filed under court's discretionary power. Decision on oral procedure is deferred until respondent has opportunity to reply to modified pleadings.

Source excerpt

• Right to fair trial
• Right to dignity
• Right to life
• Mandatory death penalty
• Consular assistance
• Modification of pleadings

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guehi v united republic of cote divoire intervening application no 0012015 2018 afchpr 19 7 december 2018

Court

TANZLII

The Respondent State violated the Applicant’s right to be tried within a reasonable time and right not to be subjected to inhuman and degrading treatment (deprivation of food), but did not violate rights to interpreter, lawyer, consular assistance, property, or presumption of innocence. The violations did not fundamentally affect the conviction or sentencing. Compensation is warranted for delayed trial and inhuman treatment.

Source excerpt

• Right to fair trial
• Right to dignity
• Right to property
• Consular assistance
• Inhuman and degrading treatment
• Delay in trial

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guehi v united republic of tanzania order for provisional measures application 0012015 2016 afchpr 72 18 march 2016

Court

TANZLII

The Court found a situation of extreme gravity and risk of irreparable harm to the Applicant, warranting provisional measures to preserve the status quo ante pending determination of the main application.

Source excerpt

• Right to fair trial
• Death penalty
• Consular assistance
• Language assistance
• Protection of property

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guehi c republique unie de tanzanie ordonnance portant mesures provisoires requete 0012015 2016 afchpr 73 18 mars 2016

Court

TANZLII

Given the applicant is under sentence of death and the application reveals a situation of extreme gravity and risk of irreparable harm to his rights protected under Article 7 of the Charter and Article 14 of the ICCPR, the Court finds it necessary to order provisional measures to preserve the status quo ante pending the determination of the main application.

Source excerpt

• Right to fair trial
• Death penalty
• Provisional measures
• Consular assistance
• Protection of property

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guehi c republique unie de tanzanie ordonnance portant mesures provisoires requete 0012015 2016 afchpr 74 18 mars 2016

Court

TANZLII

The Court found prima facie competence and determined that the circumstances revealed a situation of extreme gravity and risk of irreparable harm to the applicant, warranting provisional measures to suspend the execution of the death penalty pending the main decision.

Source excerpt

• Right to fair trial
• Death penalty
• Consular assistance
• Provisional measures

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