Tanzania Case Law

chanthunya c republique du malawi requete n 001 2022 2024 afchpr 20 13 novembre 2024

Court

TANZLII

The Court found that the applicant's rights under Article 7(1) of the African Charter and related instruments were not violated. The applicant had access to appellate review, was convicted based on evidence assessed by national courts, had the opportunity to challenge prosecution evidence, was presumed innocent until proven guilty, was properly notified of charges, and received reasoned judicial decisions. No manifest arbitrariness or denial of justice was established.

Source excerpt

• Right to fair trial
• Presumption of innocence
• Right to defense
• Notification of charges
• Reasoned judgments
• Evidence assessment

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NAMCHINDUMBA JUDGMENT

Court

TANZLII

The trial court's failure to comply with section 231(1) of the Criminal Procedure Act by not properly explaining and recording the appellant's defense rights constituted a fatal procedural irregularity, vitiating the trial proceedings and requiring nullification from the defense stage onwards.

Source excerpt

• Fair trial
• Procedure
• Narcotics trafficking
• Chain of custody
• Right to defense

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20150930 TZHC Mwanza

Court

TZHC

The High Court upheld a conviction for arson, finding the identification evidence reliable, the witnesses credible, and no violation of the right to defend oneself.

• Arson
• Identification
• Burden of proof
• Credibility of witnesses
• Child witness
• Right to defense

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association que choisir benin v benin communication 264 of 2002 2005 achpr 64 11 may 2005

Court

ACHPR

The African Commission declared the complaint inadmissible because the applicant had not proven exhaustion of local remedies in Benin.

• Exhaustion of local remedies
• Equality before the law
• Right to defense
• Due process
• Exhaustion-of-local-remedies
• Human-rights-admissibility

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