Tanzania Case Law

kisase v united republic of tanzania application no 0052016 2021 afchpr 6 2 december 2021

Court

TANZLII

The Respondent State violated the Applicant’s right to free legal assistance under Article 7(1)(c) of the Charter, as read with Article 14(3)(d) of the ICCPR, by failing to provide legal aid to an indigent accused facing a serious charge. The Court found no violation regarding the right to have one’s cause heard or equal protection of the law, as the Applicant’s arguments were considered by domestic courts and he failed to prove differential treatment or that his review application was filed and ignored. The application met admissibility requirements, as local remedies were exhausted and the…

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• Right to fair trial
• Right to legal assistance
• Equal protection of the law
• Exhaustion of local remedies
• Admissibility of applications
• Reparations for human rights violations

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ustadh v united republic of tanzania application no 0262015 2021 afchpr 5 2 december 2021

Court

TANZLII

The African Court found Tanzania violated the Applicant’s right to free legal assistance in a serious criminal case and awarded TZS 300,000 in compensation.

• Right to fair trial
• Right to legal assistance
• Exhaustion of local remedies
• Jurisdiction of international courts
• Reparations for human rights violations
• Fair-trial

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benyoma v united republic of tanzania application no 0012016 2021 afchpr 27 30 september 2021

Court

TANZLII

The Respondent State violated the Applicant’s right to defence 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 indigent Applicant, who was charged with a serious offence carrying a heavy penalty. The Applicant’s other fair trial rights, including equality before the law, right to be heard, and right to be tried within a reasonable time, were not violated as the proceedings were found to be procedurally proper and the Applicant failed to substantiate claims of delay or unequal treatment.

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• Right to fair trial
• Right to legal representation
• Equality before the law
• Right to be tried within reasonable time
• Reparations for human rights violations

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umuhoza v rwanda requete n 0032014 2018 afchpr 73 7 decembre 2018

Court

TANZLII

The Court found that the applicant suffered violations of her right to a fair trial and freedom of expression, entitling her to reparations. The Court awarded material damages for proven expenses and moral damages for harm to the applicant and her family, but rejected claims not substantiated by evidence. The Court declined to order expungement of the criminal record as it presupposes annulment of the conviction, which had already been addressed in the merits judgment.

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• Right to fair trial
• Freedom of expression
• Reparations for human rights violations
• Procedural irregularities
• Moral and material damages

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beneficiaries of the late norbert zongo abdoulaye nikiema alias ablasse ernest zongo and blaise iiboudo c republique du burkina faso requete n 0132011 2015 afchpr

Court

TANZLII

Burkina Faso violated Article 7 of the African Charter by failing to act with due diligence in investigating, prosecuting, and judging the assassinations of Norbert Zongo and his companions. The State is obligated under international law to provide full reparation for the resulting moral and material damages to the direct relatives (spouses, children, parents) of the victims, as well as symbolic compensation to MBDHP. The Court determined the appropriate forms and amounts of reparation, including monetary compensation, reimbursement of legal costs, publication of the judgment, and the resumpt…

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• Right to effective remedy
• Right to fair trial
• Freedom of expression
• State responsibility
• Reparations for human rights violations

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