Tanzania Case Law

ghannouchi et autres c republique tunisienne requete n 0042023 2023 afchpr 19 28 aout 2023

Court

TANZLII

The Court found that, given the age and health of at least one detainee and the lack of clarity regarding the legal grounds and procedures for detention of the applicants’ relatives, there exists a real and imminent risk of irreparable harm. The conditions for provisional measures—urgency, extreme gravity, and risk of irreparable harm—are met regarding access to lawyers and doctors and the need for information on detention. However, the Court found that the merits of the detentions and requests for release must be addressed at the substantive stage, not in provisional measures.

Source excerpt

• Provisional measures
• Detention conditions
• Right to counsel
• Right to health
• Right to information on detention
• Judicial independence

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kalilou v republic of cote divoire ibrahim v republic of cote divoire application no 0362019 application no 0372019 2019 afchpr 82 26 september 2019

Court

TANZLII

The African Court ordered joinder of two similar applications against Côte d’Ivoire, finding common facts, claims, and reliefs justified consolidated proceedings.

• Fair trial
• Right to counsel
• Access to justice
• Effective remedy
• Joinder of cases
• Joinder-of-cases

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charles and others c republique du cote divoire requete n 0282019 requete n 0302019 requete n 0312019 requete n 0332019 2019 afchpr 34 26 septembre 2019

Court

TANZLII

The Court determined that the joinder of the four applications is appropriate due to the similarity of facts, alleged violations, requested remedies, and identity of the respondent State, in accordance with Article 54 of the Rules of Court.

Source excerpt

• Fair trial
• Right to counsel
• Joinder of proceedings

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egyptian initiative for personal rights and another v egypt communication 334 of 2006 2011 achpr 110 3 march 2011

Court

ACHPR

The Commission found that the victims were subjected to torture and ill-treatment while in state custody, denied prompt access to medical care and legal counsel, tried by a court lacking independence and impartiality, convicted on confessions obtained under torture, and denied the right to appeal. These constituted violations of Articles 5, 7(1)(a), (d), and 26 of the African Charter. The Commission held that the imposition of the death penalty in these circumstances would amount to arbitrary deprivation of life, but as the victims had not yet been executed, Article 4 was not violated.

Source excerpt

• Torture and ill-treatment
• Right to fair trial
• Right to counsel
• Independence of judiciary
• Death penalty
• Right to life

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20051005 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed a rape conviction appeal, holding that the appellant was not automatically entitled to legal aid and suffered no prejudice from proceeding without counsel.

• Rape
• Legal aid
• Right to counsel
• Sentencing
• Criminal-law
• Legal-aid

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civil liberties organization and others v nigeria communication 218 of 1998 2001 achpr 30 7 may 2001

Court

ACHPR

The assignment of military lawyers to the accused, denial of counsel of choice, lack of appeal to competent national organs, and holding proceedings in camera constituted violations of Article 7(1)(a) and (c) of the African Charter. Military tribunals under undemocratic regimes must still comply with international human rights standards for fair trial.

Source excerpt

• Fair trial
• Military tribunals
• Right to counsel
• Right to appeal
• Compensation for violations

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union nationale des syndicate autonomes du senegal v senegal communication 226 of 1999 2000 achpr 28 6 november 2000

Court

ACHPR

The African Commission held a trade union communication against Senegal inadmissible because the complainant had not exhausted available local remedies.

• Exhaustion of local remedies
• Arbitrary arrest
• Right to counsel
• Freedom of association
• Socio-economic rights
• Exhaustion-of-local-remedies

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azim suleiman premji vs attorney general and another 1999 tzca 26 13 august 1999

Court

TZCA

The Court of Appeal dismissed a preliminary objection, holding that service rules were complied with and the appeal was not incompetent.

• Service of process
• Record of appeal
• Right to counsel
• Civil-procedure
• Service-of-process
• Record-of-appeal

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19970110 TZHC Dar es Salaam

Court

TZHC

The trial and first appellate courts erred by failing to establish the applicable Masai customary law on dowry refund and by applying a declaration not covering Bagamoyo District; the case must be reheard de novo with proper inquiry into customary law and cause of marriage breakdown.

Source excerpt

• Dowry refund
• Masai customary law
• Right to counsel
• Jurisdiction of customary law declarations

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19951220 TZHC Dar es Salaam

Court

TZHC

The High Court allowed a criminal appeal after finding that refusal to recall prosecution witnesses undermined the accused’s right to counsel and fair trial.

• Right to counsel
• Recall of witnesses
• Fair trial
• Right-to-counsel
• Recall-of-witnesses
• Fair-trial

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