Tanzania Case Law

kadumbagula et magunga c republique unie de tanzanie requete n 0312017 2024 afchpr 11 4 juin 2024

Court

TANZLII

The Court found that the second applicant's right to legal assistance was violated as he was indigent and charged with a serious offence, that the imposition of life imprisonment on a juvenile without considering his age and the availability of a lighter penalty violated international standards, and that corporal punishment as an alternative sentence is incompatible with the African Charter. The application of a lighter penalty should have been considered under Article 15(1) ICCPR. The first applicant's claim was dismissed as untimely.

Source excerpt

• Right to fair trial
• Right to legal assistance
• Retroactive application of lighter penalty
• Juvenile sentencing
• Prohibition of inhuman or degrading punishment
• Exhaustion of domestic remedies

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kimilu and another v united republic of tanzania application no 0452016 2023 afchpr 43 7 november 2023

Court

TANZLII

The African Court found no violation of fair-trial rights in a Tanzanian drug-trafficking conviction, and dismissed the application and reparations claims.

• Right to fair trial
• Exhaustion of local remedies
• Reasonable time for application
• Appellate jurisdiction of international courts
• Chain of custody in criminal evidence
• Fair-trial

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kalijo v united republic of tanzania application 0262017 2023 afchpr 39 7 november 2023

Court

TANZLII

The African Court held that it had jurisdiction but declared the application inadmissible for failure to file within a reasonable time after local remedies were exhausted.

• Right to non-discrimination
• Right to equality before the law
• Right to fair trial
• Exhaustion of local remedies
• Reasonable time for application
• Fair-trial

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kisiri v united republic of tanzania application 0272016 2023 afchpr 26 5 september 2023

Court

TANZLII

The African Court found Tanzania did not violate equality rights but did violate the applicant’s right to free legal assistance and awarded 300,000 TZS.

• Right to fair trial
• Right to equality before the law
• Right to legal assistance
• Exhaustion of local remedies
• Reasonable time for application
• Right-to-fair-trial

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moses c republique unie de tanzanie requete n 0332017 2023 afchpr 24 5 septembre 2023

Court

TANZLII

The application was not filed within a reasonable time after the respondent's declaration allowing individual applications; the applicant failed to justify the delay. The application is therefore inadmissible.

Source excerpt

• Right to fair trial
• Exhaustion of domestic remedies
• Reasonable time for application
• Corporal punishment
• Judicial assistance

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marwa v united republic of tanzania application no 0212017 2022 afchpr 58 22 september 2022

Court

TANZLII

The African Court held that John Martin Marwa’s application was inadmissible because it was filed too late after domestic remedies were exhausted.

• Right to fair trial
• Exhaustion of local remedies
• Reasonable time for application
• Jurisdiction of african court on human and peoples’ rights
• African-court-on-human-and-peoples-rights
• Admissibility

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fundumu v united republic of tanzania application no 0162018 2022 afchpr 25 22 september 2022

Court

TANZLII

The African Court held it had jurisdiction but dismissed the application as inadmissible because it was filed too late after local remedies were exhausted.

• Right to fair trial
• Exhaustion of local remedies
• Reasonable time for application
• Jurisdiction of african court
• Discrimination
• Equality before the law

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yusuph v united republic of tanzania 2022 afchpr 7 24 march 202

Court

TANZLII

The application was declared inadmissible because it was not filed within a reasonable time after exhaustion of local remedies, as required by Article 56(6) of the Charter and Rule 50(2)(f) of the Rules. The applicant failed to provide compelling arguments or evidence that his personal situation prevented timely filing, and a delay of over seven years was found unreasonable.

Source excerpt

• Right to fair trial
• Right to legal representation
• Exhaustion of local remedies
• Reasonable time for application
• Equality before the law

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faustin v united republic of tanzania application no0182016 2021 afchpr 22 30 september 2021

Court

TANZLII

The African Court dismissed Cosma Faustin’s claims against Tanzania, finding no violation of fair trial or equality rights and upholding admissibility.

• Right to fair trial
• Equality before the law
• Legal representation
• Exhaustion of local remedies
• Reasonable time for application
• Fair-trial

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balele c republique unie de tanzanie requete n 0262016 2021 afchpr 21 30 septembre 2021

Court

TANZLII

The applicant failed to prove any violation of his rights to a fair hearing, legal assistance, or equal protection, as the domestic courts properly evaluated the evidence, the applicant did not request legal aid where required, and no evidence of differential treatment was provided.

Source excerpt

• Right to fair trial
• Legal aid
• Equal protection
• Exhaustion of domestic remedies
• Reasonable time for application

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