Tanzania Case Law

noudehouenou c republique du benin requete no 0202020 2025 afchpr 13 5 fevrier 2025

Court

TANZLII

The application was declared inadmissible because the applicant failed to exhaust available domestic remedies, specifically by not pursuing the Constitutional Court of Benin, and did not demonstrate that the judicial delay in the appeal process was attributable to the State. The Court found no evidence of abnormal prolongation caused by the State or of unavailability or ineffectiveness of domestic remedies.

Source excerpt

• Right to fair trial
• Right to property
• Right to effective remedy
• Exhaustion of domestic remedies
• State responsibility
• Contractual disputes

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noudehouenou c republic of benin requete n0202020 2025 afchpr 3 5 fevrier 2025

Court

TANZLII

The applicant failed to exhaust available and effective domestic remedies, specifically before the Constitutional Court of Benin, and did not demonstrate abnormal prolongation of proceedings attributable to the state; therefore, the application is irreceivable.

Source excerpt

• Right to fair trial
• Right to property
• Right to effective remedy
• Exhaustion of domestic remedies
• State responsibility

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democratic republic of the congo v republic of rwanda application no 0072023 2024 afchpr 6 7 march 2024

Court

TANZLII

The African Court dismissed DRC’s request for expedited procedure, holding it could not abridge defence-related time limits, but listed the case for priority handling.

• Expedited procedure
• Right to effective remedy
• Right to life
• Right to dignity
• Prohibition of torture
• Right to liberty

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haidara et autres c republique du mali requete no 0092024 2024 afchpr 22 29 octobre 2024

Court

TANZLII

The applicants demonstrated, through medical certificates and corroborating evidence, that their health is in a precarious state due to alleged torture and inadequate prison medical care, creating a real and imminent risk of irreparable harm. The urgency and extreme gravity conditions are met. The Court, exercising its discretion, finds it necessary to order suspension of detention to allow access to specialized medical treatment until completion of such treatment.

Source excerpt

• Provisional measures
• Torture and ill-treatment
• Arbitrary detention
• Right to health
• Right to liberty
• Right to effective remedy

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republique democratique du congo c republique du rwanda requete n0072023 2024 afchpr 6 7 mars 2024

Court

TANZLII

The Court rejected the request for expedited procedure because the respondent did not expressly waive its right to the 90-day response period, and the complexity of the case did not justify shortening the deliberation period. However, the Court decided to give priority to the examination of the application due to the seriousness of the alleged violations.

Source excerpt

• Expedited procedure
• Right to effective remedy
• Right to life
• Right to dignity
• Prohibition of torture
• Right to education

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marius v republic of cote divoire application no 0322019 2023 afchpr 49 4 december 2023

Court

TANZLII

The African Court held that Oulai Marius’s application against Côte d’Ivoire was inadmissible because he filed it before exhausting local remedies.

• Right to fair trial
• Exhaustion of local remedies
• Right to effective remedy
• Proportionality of punishment
• Dignity of incarcerated persons
• Exhaustion-of-local-remedies

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lidho and others v republic of cote divoire application 0412016 2023 afchpr 21 5 september 2023

Court

TANZLII

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…

Source excerpt

• Right to life
• Right to health
• Right to environment
• Right to information
• Right to effective remedy
• Toxic waste dumping

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soumare v republic of mali application 0382019 2023 afchpr 23 5 september 2023

Court

TANZLII

The African Court held it had jurisdiction but declared Aminata Soumaré’s application against Mali inadmissible for failure to prove exhaustion of local remedies.

• Right to fair trial
• Exhaustion of local remedies
• Torture and ill-treatment
• Right to effective remedy
• Detention conditions
• Provisional measures

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soumare c republique du mali requete n 0382019 2023 afchpr 23 5 septembre 2023

Court

TANZLII

The applicant failed to provide proof of exhaustion of available and effective domestic remedies as required by Article 56(5) of the Charter; therefore, the application is inadmissible.

Source excerpt

• Right to fair trial
• Right to effective remedy
• Right to access to justice
• Prisoner security
• Right to life and integrity
• Protection of dignity

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kaunda et autres c republique du malawi requete n 0132021 2023 afchpr 29 5 septembre 2023

Court

TANZLII

The Court found that the Supreme Court of Malawi acted within its competence in annulling the election and ordering a new one based on evidence of irregularities, and that the applicants failed to demonstrate any manifest error, discrimination, or denial of fair hearing. The respondent State did not violate the applicants’ rights under Articles 3(2), 7(1), 7(1)(a), or 13(1) of the African Charter.

Source excerpt

• Right to equal protection of the law
• Right to a fair hearing
• Right to effective remedy
• Right to participate in public affairs
• Electoral dispute resolution

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