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Tanzania decisions
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The African Court found Tanzania violated the Applicant’s right to free legal assistance in a rape case, but rejected claims about the conviction and sentence.
The African Court found Tanzania violated an inmate’s rights to life and dignity by imposing a mandatory death sentence and hanging, but not his fair-trial rights.
The Court found that the Tunisian people participated indirectly in the drafting and adoption of the 2014 Constitution through their elected representatives, so the absence of a referendum did not violate Article 20. However, the Respondent State violated Article 26 by interfering in the independence of the judiciary through Decree-Law No. 2022-11 and failing to establish the Constitutional Court, and violated the independence of the legislature by suspending and dissolving the Assembly of People’s Representatives and assuming legislative powers for an extended period.
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The Court found the application admissible only for the claim against the applicant’s lawyers, but held there was no fair-trial violation and dismissed reparations.
The Respondent State violated the Applicant's right to a fair trial under Article 7(1)(c) of the Charter, as read with Article 14(3)(d) of the ICCPR, by failing to provide free legal assistance to the Applicant, an indigent person facing a serious criminal charge. The Applicant failed to prove violations of non-discrimination and equal protection of the law. The Applicant exhausted local remedies, and the Application was admissible.
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The Court found Tanzania’s mandatory death penalty and hanging method violated rights to life and dignity, but rejected fair-trial, equality, and discrimination claims.
The African Court found no violation of fair trial rights in Shabani Menge’s armed robbery conviction and dismissed his reparations claims.
The African Court found Tanzania violated Misalaba’s rights to life, dignity, and a fair trial, but rejected claims about evidence, counsel, and prison care.
The African Court held Tanzania breached the applicant’s right to defence by not providing free legal assistance in a serious rape case, but rejected his right-to-be-heard claim.
The Respondent State violated Articles 4, 7(1)(a), 16, 24, and 9(1) of the African Charter by failing to prevent the dumping of toxic waste, inadequately investigating and prosecuting those responsible, failing to provide effective remedies and compensation to all victims, not ensuring adequate medical care and information, and not fully remediating the environmental damage. The State’s actions and omissions breached its obligations to respect, protect, and fulfil the rights to life, health, environment, information, and effective remedy. The compensation programme and remedial measures were…
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