Tanzania Case Law

noudehouenou v republic of benin application no 0282020 2022 afchpr 39 1 december 2022

Court

TANZLII

The Respondent State violated Article 26 of the Charter by allowing executive dominance in the High Judicial Council, violated Article 410(3) of the Penal Code restricting freedom of expression, and violated Article 30 of the Protocol by failing to execute Court decisions. The Applicant is entitled to moral damages but not to lump sum interest or reimbursement of legal costs. Requests relating to constitutional amendment, Electoral Code, COS-LEPI, and judges' right to strike are moot.

Source excerpt

• Judicial independence
• Freedom of expression
• Effective remedy
• Execution of court judgments
• Electoral rights
• Freedom of association

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noudehouenou v republic of benin application no 0032020 2020 afchpr 4 4 december 2020

Court

TANZLII

The Court found that the revision of the Constitution of Benin was not based on national consensus as required by Article 10(2) of the ACDEG, rendering the revision and related laws inconsistent with Benin’s international obligations. The Court also found that the Inter-Ministerial Decree prohibiting issuance of official documents to persons wanted by courts violated the presumption of innocence and the right to equality of access to public services. The Court dismissed other alleged violations as moot or unsubstantiated.

Source excerpt

• Constitutional amendment
• Electoral rights
• Freedom of association
• Freedom of expression
• Right to equality
• Right to effective remedy

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ajavon v republic of benin application no 0622019 2020 afchpr 5 4 december 2020

Court

TANZLII

Benin violated the right to strike, right to life, right to physical and moral integrity, right not to be subjected to torture, right of victims of post-electoral violence to have their causes heard, right to freedom of association, right to non-discrimination, right to participate freely in government, duty to establish independent and impartial electoral bodies, duty to guarantee independence of judiciary and Constitutional Court, and duty to ensure constitutional revision based on national consensus. Restrictions on expression, assembly, eligibility conditions (bond, tax clearance, age), a…

Source excerpt

• Freedom of expression
• Freedom of assembly
• Freedom of association
• Right to strike
• Right to life
• Non-discrimination

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legal and human rights centre and another v united republic of tanzania 2020 afchpr 16 30 october 2020

Court

TANZLII

The African Court dismissed a request for provisional measures seeking to stop 2020 elections in Tanzania, finding no extreme urgency or irreparable harm.

• Provisional measures
• Electoral rights
• Implementation of court judgments
• Jurisdiction of regional courts
• Provisional-measures
• Electoral-rights

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noudehouenou v republic of benin application no 0032020 2020 afchpr 60 5 may 2020

Court

TANZLII

The African Court granted provisional measures in part, ordering Benin to remove obstacles to the applicant’s candidacy in upcoming elections and dismissing other requests.

• Political participation
• Electoral rights
• Freedom of association
• Freedom of expression
• Equality and non-discrimination
• Provisional measures

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