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Tanzania decisions
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The African Court held Tanzania violated the Applicant’s rights to life and dignity by imposing a mandatory death sentence and hanging, but found no fair-trial violation.
The mandatory imposition of the death penalty for murder under Tanzanian law, without judicial discretion, violates the right to life (Article 4) and the right to dignity (Article 5) as protected by the African Charter. The applicants' fair trial rights were not violated as the national courts considered the evidence and provided reasoned judgments. No sufficient evidence was provided to establish violations of non-discrimination or equality before the law.
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The Commission found that Burundi violated Articles 1, 4, 5, 6, 11, 16, and 18(1) of the African Charter by failing to prevent and punish acts of violence, torture, and repression against protestors and their families, denying them effective remedies, and failing to provide adequate medical care and protection to victims and their families. The state is responsible for the acts of its agents and must provide reparations, public apologies, and guarantees of non-repetition.
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The respondent violated the applicant's right to legal assistance by failing to provide free legal aid during trial and appeals for a serious criminal charge, contrary to Article 7(1)(c) of the African Charter and Article 14(3)(d) ICCPR. No violation was found regarding equality before the law, reasonable time for trial, or the right to have the conviction and sentence annulled.
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The Court found that the respondent State violated Article 7(1)(c) of the African Charter by failing to provide the applicants with free legal assistance and by failing to provide timely access to certain witness statements, thereby impairing their right to prepare a defense. The Court also found a consequential violation of Article 1 of the Charter. Other alleged violations were not established or were unproven.
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The Court found that the applicant's right to legal assistance under Article 7(1)(c) of the Charter was violated because he was indigent, accused of a serious offense, and not informed of his right to legal aid. Other alleged violations, including denial of bail, discrimination, and retroactive sentencing, were not established as the restrictions and sentence were lawful, non-discriminatory, and in accordance with the law in force at the time.
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The Court found that the Respondent violated the Applicants' rights under Articles 1, 6, and 7(1), and 7(1)(c) of the African Charter by arbitrarily re-arresting them after acquittal, failing to provide legal aid at the appellate stage, conducting a procedurally flawed identification parade, and delaying provision of judgment copies, thereby denying fair trial and effective remedies. The Court dismissed claims regarding extradition, incommunicado detention, and general allegations for lack of jurisdiction or substantiation.
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The Commission found that the complainants failed to submit observations on the merits within the prescribed deadlines and did not respond to further communications, demonstrating lack of diligent prosecution. Consequently, the communication was struck out.
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