Tanzania Case Law

kilagela v united republic of tanzania application no 0172018 2024 afchpr 17 3 september 2024

Court

TANZLII

The Respondent State violated the Applicant's right to a fair trial under Article 7(1)(c) of the Charter, as read with Article 14(3)(d) of the ICCPR, by failing to provide free legal assistance to the Applicant, an indigent person facing a serious criminal charge. The Applicant failed to prove violations of non-discrimination and equal protection of the law. The Applicant exhausted local remedies, and the Application was admissible.

Source excerpt

• Right to fair trial
• Right to legal representation
• Non-discrimination
• Equal protection of the law
• Exhaustion of local remedies
• Reparations

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kaunda and others v republic of malawi application 0132021 2023 afchpr 29 5 september 2023

Court

TANZLII

The African Court held that Malawi did not violate Charter rights when its Supreme Court nullified an election, ordered a fresh vote, and rejected related procedural complaints.

• Right to participate in government
• Equal protection of the law
• Right to be heard
• Right to appeal
• Electoral process
• Electoral-law

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mwita and another v united republic of tanzania application no 0072016 2023 afchpr 9 13 june 2023

Court

TANZLII

The African Court found no violation of Article 3 of the Charter in a Tanzanian criminal appeal, upheld jurisdiction and admissibility, and dismissed reparations.

• Right to equality before the law
• Equal protection of the law
• Fair trial
• Appellate review
• Admissibility of applications
• Equality-before-the-law

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mukwano c republique unie de tanzanie requete n 0212016 2022 afchpr 10 24 mars 2022

Court

TANZLII

The applicant exhausted domestic remedies only regarding the claim about the retracted confession; the courts properly considered this issue and found the confession voluntary. No evidence of discrimination or denial of equal protection was established. No violation of the Charter was found.

Source excerpt

• Right to fair trial
• Non-discrimination
• Equal protection of the law
• Exhaustion of domestic remedies

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kisase v united republic of tanzania application no 0052016 2021 afchpr 6 2 december 2021

Court

TANZLII

The Respondent State violated the Applicant’s right to free legal assistance under Article 7(1)(c) of the Charter, as read with Article 14(3)(d) of the ICCPR, by failing to provide legal aid to an indigent accused facing a serious charge. The Court found no violation regarding the right to have one’s cause heard or equal protection of the law, as the Applicant’s arguments were considered by domestic courts and he failed to prove differential treatment or that his review application was filed and ignored. The application met admissibility requirements, as local remedies were exhausted and the…

Source excerpt

• Right to fair trial
• Right to legal assistance
• Equal protection of the law
• Exhaustion of local remedies
• Admissibility of applications
• Reparations for human rights violations

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kone v republic of mali application no 0012021 2021 afchpr 12 2 december 2021

Court

TANZLII

The African Court found no violation of equality before the law or fair trial rights in Yaya Kone’s false accusation conviction and dismissed reparations.

• Equality before the law
• Equal protection of the law
• Fair trial
• False accusation
• Exhaustion of local remedies
• Fair-trial

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balele v united republic of tanzania application no 0262016 2021 afchpr 21 30 september 2021

Court

TANZLII

The Respondent State did not violate the Applicant's rights to a fair trial, defence, or equal protection of the law. The evidence was properly evaluated by domestic courts, no manifest error was found, and the Applicant failed to provide evidence of pending review proceedings or denial of legal assistance. The Application was admissible, but no violations were established.

Source excerpt

• Right to fair trial
• Right to legal assistance
• Equal protection of the law
• Exhaustion of local remedies
• Jurisdiction
• Admissibility

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karatta and others v united republic of tanzania application no 0022017 2021 afchpr 26 30 september 2021

Court

TANZLII

The African Court found no violation of the rights claimed by former East African Community employees over unpaid terminal benefits and dismissed reparations.

• Non-discrimination
• Equal protection of the law
• Right to property
• Right to work
• Exhaustion of local remedies
• Admissibility

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kisase c republique unie de tanzanie requete n 0052016 2021 afchpr 6 2 decembre 2021

Court

TANZLII

The Court found that the respondent State violated the applicant's right to free legal assistance as required under Article 7(1)(c) of the African Charter and Article 14(3)(d) of the ICCPR, given the seriousness of the offense and the applicant's indigence. Other alleged violations, including denial of a fair hearing and equal protection, were not established due to lack of evidence or because the applicant's arguments were duly considered by national courts.

Source excerpt

• Right to fair trial
• Right to legal aid
• Equal protection of the law
• Exhaustion of domestic remedies
• Compensation for human rights violations

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noudehouenou v republic of benin application no 0322020 2020 afchpr 7 27 november 2020

Court

TANZLII

The African Court dismissed an application for provisional measures, finding no urgent or irreparable harm shown to justify staying execution of a Cotonou court judgment.

• Right to property
• Equality before the law
• Equal protection of the law
• Right to be heard
• Provisional measures
• Provisional-measures

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