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.

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

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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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soumare v republic of mali application 0382019 2023 afchpr 23 5 september 2023

Court

TANZLII

The African Court held it had jurisdiction but declared Aminata Soumaré’s application against Mali inadmissible for failure to prove exhaustion of local remedies.

• Right to fair trial
• Exhaustion of local remedies
• Torture and ill-treatment
• Right to effective remedy
• Detention conditions
• Provisional measures

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ghannouchi et autres c republique tunisienne requete n 0042023 2023 afchpr 19 28 aout 2023

Court

TANZLII

The Court found that, given the age and health of at least one detainee and the lack of clarity regarding the legal grounds and procedures for detention of the applicants’ relatives, there exists a real and imminent risk of irreparable harm. The conditions for provisional measures—urgency, extreme gravity, and risk of irreparable harm—are met regarding access to lawyers and doctors and the need for information on detention. However, the Court found that the merits of the detentions and requests for release must be addressed at the substantive stage, not in provisional measures.

Source excerpt

• Provisional measures
• Detention conditions
• Right to counsel
• Right to health
• Right to information on detention
• Judicial independence

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mugesera v republic of rwanda application no 0122017 2017 afchpr 124 28 september 2017

Court

TANZLII

The African Court granted provisional measures for Leon Mugesera, ordering Rwanda to provide access to lawyers, family visits and communication, and needed medical care.

• Right to fair trial
• Provisional measures
• Detention conditions
• Access to counsel
• Medical treatment in detention
• Communication with family

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mugesera c republique du rwanda requete n 0122017 2017 afchpr 124 28 septembre 2017

Court

TANZLII

Given the urgency and risk of irreparable harm to the applicant's health, integrity, and rights, and the prima facie jurisdiction of the Court, provisional measures are necessary to protect the applicant's rights pending the outcome of the main case.

Source excerpt

• Right to fair trial
• Provisional measures
• Detention conditions
• Access to counsel
• Medical care in detention
• Communication with family

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commission africaine des droits de lhomme et des peuples c libya requete 0022013 2016 afchpr 38 3 juin 2016

Court

TANZLII

Libya’s continued incommunicado detention of Saïf Al-Islam Kadhafi without access to legal counsel, judicial review, or family, and its failure to comply with the Court’s provisional measures, constitute ongoing violations of Articles 6 and 7 of the African Charter. The Court has jurisdiction, the application is admissible, and the facts establish clear breaches of the right to liberty and fair trial.

Source excerpt

• Right to liberty and security
• Right to fair trial
• Detention conditions
• Non-compliance with provisional measures

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african commission on human and peoples rights c grande jamahiriya arabe libyenne populaire et socialiste requete n 0022013 2013 afchpr 33 15 mars 2013

Court

TANZLII

Given the allegations of arbitrary detention, lack of access to counsel and family, risk of imminent trial and capital punishment, and the absence of response from the respondent, the Court finds a situation of extreme gravity and urgency with a risk of irreparable harm to the detainee. The Court is prima facie competent and orders provisional measures to preserve the detainee's physical integrity and procedural rights.

Source excerpt

• Provisional measures
• Right to liberty
• Right to fair trial
• Detention conditions

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egyptian initiative for personal rights and another v egypt communication 334 of 2006 2011 achpr 110 3 march 2011

Court

ACHPR

The Commission found that the victims were subjected to torture and ill-treatment while in state custody, denied prompt access to medical care and legal counsel, tried by a court lacking independence and impartiality, convicted on confessions obtained under torture, and denied the right to appeal. These constituted violations of Articles 5, 7(1)(a), (d), and 26 of the African Charter. The Commission held that the imposition of the death penalty in these circumstances would amount to arbitrary deprivation of life, but as the victims had not yet been executed, Article 4 was not violated.

Source excerpt

• Torture and ill-treatment
• Right to fair trial
• Right to counsel
• Independence of judiciary
• Death penalty
• Right to life

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