Tanzania Case Law

noudehouenou c republique du benin requete no 0202020 2025 afchpr 13 5 fevrier 2025

Court

TANZLII

The application was declared inadmissible because the applicant failed to exhaust available domestic remedies, specifically by not pursuing the Constitutional Court of Benin, and did not demonstrate that the judicial delay in the appeal process was attributable to the State. The Court found no evidence of abnormal prolongation caused by the State or of unavailability or ineffectiveness of domestic remedies.

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• Right to fair trial
• Right to property
• Right to effective remedy
• Exhaustion of domestic remedies
• State responsibility
• Contractual disputes

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richard c republique unie de tanzanie requete n 0352016 2021 afchpr 7 2 decembre 2021

Court

TANZLII

The Court found that the nearly ten-year delay in deciding the applicant’s appeal, without justification or complexity, constituted a violation of the right to be tried within a reasonable time under Article 7(1)(d) of the African Charter. The delay was attributable to the respondent state, and the applicant had exercised due diligence.

Source excerpt

• Right to be tried within a reasonable time
• Judicial delay
• Remedies for human rights violations

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nganyi and others c republica unida da tanzania processo n 0062013 2019 afchpr 24 4 julho 2019

Court

TANZLII

The Court found that the State violated the applicants’ rights to be tried within a reasonable time and to legal assistance, entitling them and their close relatives to material and moral damages. However, claims for loss of earnings and legal costs were only granted where sufficiently proven. The Court rejected claims for release, non-repetition orders, and additional legal costs, finding no basis for such relief under the circumstances. The Court ordered publication of the reparations and merits judgments as a form of satisfaction.

Source excerpt

• Right to fair trial
• Right to legal assistance
• Judicial delay
• Reparations
• Damages (material and moral)
• State responsibility

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nganyi and others c republique unie de tanzanie requete n 0062013 2019 afchpr 24 4 juillet 2019

Court

TANZLII

The Court found that only applicants acquitted by national courts and their close relatives were entitled to pecuniary and moral compensation, as the violations (delay and lack of legal aid) did not affect the outcome for those convicted. Material damages were awarded only where sufficiently proven. Moral damages were awarded on an equitable basis to direct and indirect victims. The Court rejected claims for release, non-repetition guarantees, and most legal costs, except where justified by evidence. The Court ordered publication of the reparations and merits judgments and required the respon…

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• Right to fair trial
• Judicial delay
• Legal aid
• Reparations
• Compensation for wrongful detention
• Non-pecuniary damages

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msuguri v united republic of tanzania application no 0522016 2016 afchpr 55 18 november 2016

Court

TANZLII

The African Court granted provisional measures, ordering Tanzania not to execute Marthine Christian Msuguri’s death sentence while his application remains pending.

• Right to fair trial
• Death penalty
• Provisional measures
• Judicial delay
• Provisional-measures
• Death-penalty

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nganyi and others c republique unie de tanzanie arret requete 0062013 2016 afchpr 69 18 mars 2016

Court

TANZLII

The Court found that the applicants' right to be tried within a reasonable time was violated due to excessive and unjustified delays in national proceedings, not attributable to the applicants or the complexity of the case, but to lack of diligence by national authorities. The Court also found a violation of the right to legal assistance, as the applicants were left without representation after their counsel abandoned them, and the State failed to provide legal aid or inform them of their right to such assistance, despite the seriousness of the charges and the applicants' indigence.

Source excerpt

• Right to fair trial
• Right to legal representation
• Reasonable time for trial
• Exhaustion of domestic remedies
• Judicial delay

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juma c republique unie de tanzanie ordonnance portant mesures provisoires requete 0242016 2016 afchpr 61 3 juin 2016

Court

TANZLII

The Court found that the applicant, sentenced to death and awaiting execution, faces a situation of extreme gravity and urgency with a risk of irreparable harm to his rights under Articles 3 and 7(1) of the African Charter. The Court, having prima facie jurisdiction, ordered the suspension of the death penalty pending the outcome of the main application to preserve the status quo.

Source excerpt

• Right to fair trial
• Right to life
• Provisional measures
• Death penalty
• Judicial delay

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thomas c republique unie de tanzanie requete n 0052013 2015 afchpr 22 20 novembre 2015

Court

TANZLII

The Court found that the applicant was denied the right to be present and defend himself at trial due to illness, was not provided legal assistance despite the seriousness of the charges and his indigence, and suffered excessive delays in appeal proceedings. These failures constituted violations of Articles 1 and 7(1)(a), (c), (d) of the African Charter and Article 14(3)(d) ICCPR. The Court rejected claims regarding equality before the law, torture, right to liberty, and right to information for lack of sufficient evidence.

Source excerpt

• Right to fair trial
• Right to legal assistance
• Due process
• Judicial delay
• Equality before the law
• Torture and inhuman treatment

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