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