Tanzania Case Law

akouedenoudje c republique du benin requete n 0242020 2023 afchpr 15 13 juin 2023

Court

TANZLII

The arrêté du 22 juillet 2019, by prohibiting issuance of civil documents to persons sought by justice without a definitive conviction, creates a public perception of guilt and arbitrarily restricts access to proof of nationality, violating both the presumption of innocence and the right to nationality under applicable international instruments.

Source excerpt

• Presumption of innocence
• Nationality
• Access to civil documents
• Judicial remedies
• International human rights instruments

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anudo v united republic of tanzania application no 0122015 2021 afchpr 2 2 december 202

Court

TANZLII

The Court found that the Respondent State arbitrarily deprived the Applicant of his nationality, expelled him, and denied him the right to be heard, violating international human rights instruments. The Court awarded pecuniary and non-pecuniary reparations based on the evidence provided, the circumstances of the Applicant’s expulsion, and the principle of equity, while dismissing claims not sufficiently substantiated.

Source excerpt

• Nationality
• Arbitrary expulsion
• Right to be heard
• Reparations
• Restitution
• Non-pecuniary damages

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anudo v united republic of tanzania 2020 afchpr 33 8 september 2020

Court

TANZLII

The African Court reopened pleadings in the reparations phase after finding exceptional circumstances, including communication difficulties and a change of counsel.

• Nationality
• Freedom of movement
• Right to be heard
• Arbitrary expulsion
• Reparations
• Pleadings

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anodo c republique unie de tanzanie requete n 0122015 2020 afchpr 33 8 septembre 2020

Court

TANZLII

Exceptional circumstances, including communication difficulties due to applicant's refugee status and change of legal representation, justify reopening deliberations and allowing applicant to submit a reply.

Source excerpt

• Nationality
• Arbitrary deprivation
• Expulsion
• Right to be heard
• Procedural fairness

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penessis v tanzania application no 0132015 2019 afchpr 50 28 november 2019

Court

TANZLII

The African Court held that Robert John Penessis proved prima facie Tanzanian nationality and that Tanzania violated his rights to nationality, liberty, and movement.

• Nationality
• Liberty
• Freedom of movement
• Arbitrary detention
• Reparation
• Arbitrary-detention

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gihana and others v rwanda application 17 of 2015 2019 afchpr 47 28 november 2019

Court

TANZLII

The Court found that the Respondent State arbitrarily revoked the applicants’ passports without legal justification or procedural safeguards, violating their rights to freedom of movement and political participation under Articles 12(2) and 13(1) of the Charter. The Court held that local remedies were not available or effective due to the applicants’ circumstances and fears for their safety. The revocation did not amount to deprivation of nationality or statelessness, and claims regarding liberty, family life, and work were unsubstantiated.

Source excerpt

• Freedom of movement
• Political participation
• Nationality
• Statelessness
• Right to work
• Right to family life

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penessis c republique unie de tanzanie requete n 0132015 2019 afchpr 50 28 novembre 2019

Court

TANZLII

The applicant established a presumption of Tanzanian nationality by birth through documentary evidence and witness testimony. The respondent failed to rebut this presumption with conclusive proof. Consequently, the applicant's arrest, detention, and denial of freedom of movement were arbitrary and violated Articles 5, 6, and 12 of the African Charter. The respondent state also breached its general obligations under Article 1 of the Charter.

Source excerpt

• Nationality
• Arbitrary detention
• Freedom of movement
• Right to liberty
• Due process
• Reparations

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penessis c republica unida da tanzania processo no 0132015 2019 afchpr 50 28 novembro 2019

Court

TANZLII

The applicant established prima facie Tanzanian nationality by birth certificate and testimony. The respondent failed to rebut this with credible evidence. The applicant's continued detention after serving his sentence, and the lack of legal justification for restricting his liberty and movement, constituted violations of Articles 5, 6, and 12 of the African Charter and Article 15 of the UDHR. The state also breached Article 1 by failing to respect and ensure these rights.

Source excerpt

• Nationality
• Arbitrary detention
• Freedom of movement
• Right to liberty
• Due process

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anudo v united republic of tanzania application no 0122015 2018 afchpr 5 22 march 2018

Court

TANZLII

The African Court held that Tanzania arbitrarily deprived Anudo Ochieng Anudo of nationality, unlawfully expelled him, and denied him judicial recourse.

• Nationality
• Statelessness
• Arbitrary expulsion
• Right to fair hearing
• Judicial remedies
• Deprivation of nationality

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penessis v united republic of tanzania application no 0132015 2018 afchpr 80 17 january 2018

Court

TANZLII

The African Court ordered that the case title be changed to reflect the alleged victim, Robert John Pennesis, instead of the initial applicant.

• Case title amendment
• Representation
• Nationality
• Immigration
• Case-title-amendment
• African-court-on-human-and-peoples-rights

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