Tanzania Case Law

mbuvi v attorney general of republic of kenya ruling application no 25 of 2022 arising from reference no 34 of 2022 2024 eacj 11 28 november 2024

Court

EACJ

The Court lacks jurisdiction to conduct an appellate merit review of the Supreme Court of Kenya's decisions but retains jurisdiction to address allegations of contravention of Articles 6 and 7 of the Treaty. The preliminary objection is upheld in part and dismissed in part. Reliefs requiring merit review are denied; reliefs relating to Treaty compliance are allowed to proceed.

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• Jurisdiction of regional courts
• Treaty interpretation
• Judicial review
• Political rights
• Rule of law

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ghannouchi and others v republic of tunisia ruling application no 0042023 2024 achpr 2 3 october 2024

Court

ACHPR

The African Court dismissed provisional-measures requests seeking Ghazi Chaouachi’s release and removal of obstacles to his presidential candidacy in Tunisia.

• Provisional measures
• Political rights
• Detention
• Fair trial
• Judicial independence
• Freedom of expression

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ghannouch and others v republic of tunisia application no 0042023 2023 afchpr 19 28 august 2023

Court

TANZLII

The African Court granted provisional measures in part, ordering Tunisia to remove barriers to detainees’ access to lawyers and doctors and to explain the basis of detention.

• Provisional measures
• Detention
• Access to counsel
• Right to health
• Due process
• Political rights

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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.

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

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jean ping represented by maitre william woll v the republic of gabon communication 69218 2022 achpr 11 9 mars 2022

Court

ACHPR

The Commission finds that the communication was filed 15 months after exhaustion of internal remedies, exceeding the six-month reasonable time limit established by its jurisprudence. The applicant's arguments regarding exceptional circumstances and lack of equitable remedies are not sufficiently substantiated. No evidence of impossibility to file within six months is provided. The Commission also finds that the language used is not outrageously insulting and does not violate Article 56(3).

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• Admissibility
• Reasonable time limit
• Freedom of expression
• Right to fair trial
• Political rights

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koutche v republic of benin application no 0202019 2021 afchpr 43 25 june 2021

Court

TANZLII

The application is inadmissible because the applicant failed to exhaust available and effective domestic remedies before the national courts of Benin. The proceedings before the relevant courts were ongoing at the time of filing, and the applicant did not demonstrate that remedies were unduly prolonged or unavailable. The political context and alleged lack of judicial independence did not exempt the applicant from the exhaustion requirement. The language used in the application was not found to be disparaging.

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• Exhaustion of local remedies
• Right to fair trial
• Judicial independence
• Political rights
• Freedom of movement
• Property rights

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guillaume kigbafori soro and others v republic of cote divoire application no 0122020 2020 afchpr 48 22 april 2020

Court

TANZLII

The circumstances present extreme gravity and urgency, with imminent risk of irreparable harm to applicants' political rights and personal liberty, especially given upcoming elections; provisional measures are necessary to preserve status quo ante pending judgment on merits.

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• Provisional measures
• Fair trial
• Political rights
• Detention
• Presumption of innocence

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guillaume kigbafori soro et autres c republique de cote divoire requete n0122020 2020 afchpr 48 22 avril 2020

Court

TANZLII

The Court found that the applicants, being prominent political figures facing imminent risk of deprivation of liberty and political rights due to arrest and detention orders, met the criteria of extreme gravity, urgency, and risk of irreparable harm. The Court ordered suspension of arrest and detention measures to preserve the status quo ante until a decision on the merits.

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• Provisional measures
• Political rights
• Detention
• Fair trial
• Presumption of innocence

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koutche v benin application 20 of 2019 2019 afchpr 60 2 december 2019

Court

TANZLII

The African Court granted interim relief to keep Komi Koutche’s passport cancellation procedure on hold, while dismissing or declining the other requests.

• Provisional measures
• Freedom of movement
• Right to liberty
• Equality before the law
• Right to dignity
• Political rights

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ajavon v benin application no 0132017 2019 afchpr 6 28 november 2019

Court

TANZLII

The Court found that the Respondent State violated the Applicant’s rights to a fair trial, presumption of innocence, property, and non bis in idem, among others, and that these violations caused material and moral prejudice. The Court held that the Applicant is entitled to pecuniary and non-pecuniary reparations, including compensation for loss of profit, devaluation of shares, loss of business opportunity, moral damages, and restitutionary measures. The Respondent State was ordered to amend domestic laws inconsistent with international obligations and to lift unlawful seizures and suspension…

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• Right to fair trial
• Right to property
• Non bis in idem
• Presumption of innocence
• Judicial independence
• Freedom of expression

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