Tanzania Case Law

mwita c republique unie de tanzanie requete n 0442016 2024 afchpr 5 13 fevrier 2024

Court

TANZLII

The respondent violated the applicant's right to legal assistance by failing to provide free counsel to an indigent accused facing a serious charge, and violated the right to liberty by statutory exclusion of judicial discretion for bail in armed robbery cases. No violation was found regarding equality, non-discrimination, or the right to have his cause heard, as national courts properly evaluated evidence and provided fair proceedings.

Source excerpt

• Right to fair trial
• Right to legal assistance
• Right to liberty
• Right to bail
• Equality before the law
• Non-discrimination

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

Court

TANZLII

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

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swaga v united republic of tanzania application 0142017 2023 afchpr 38 7 november 2023

Court

TANZLII

The African Court held Tanzania breached the applicant’s right to defence by not providing free legal assistance in a serious rape case, but rejected his right-to-be-heard claim.

• Right to fair trial
• Right to legal assistance
• Exhaustion of local remedies
• Admissibility
• Reparations
• Right-to-defence

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wambura and another v united republic of tanzania consolidated applications no 0112016 consolidated applications no 0122016 2023 afchpr 30 5 september 2023

Court

TANZLII

The African Court found Tanzania violated the Applicants’ right to free legal assistance, but rejected their other fair trial, discrimination, and legality claims.

• Right to fair trial
• Right to legal assistance
• Non-discrimination
• Exhaustion of local remedies
• Reasonable time for trial
• Principle of legality

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kisiri v united republic of tanzania application 0272016 2023 afchpr 26 5 september 2023

Court

TANZLII

The African Court found Tanzania did not violate equality rights but did violate the applicant’s right to free legal assistance and awarded 300,000 TZS.

• Right to fair trial
• Right to equality before the law
• Right to legal assistance
• Exhaustion of local remedies
• Reasonable time for application
• Right-to-fair-trial

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mwendesha v united republic of tanzania application no 0322016 2023 afchpr 12 13 june 2023

Court

TANZLII

The African Court found Tanzania violated an indigent rape appellant’s right to free legal assistance, but rejected claims on equality and dignity.

• Right to fair trial
• Right to legal assistance
• Equality before the law
• Right to dignity
• Admissibility of applications
• Exhaustion of local remedies

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maige c republique unie de tanzanie requete n 0182017 2023 afchpr 28 5 septembre 2023

Court

TANZLII

The Court found that the respondent State violated the applicant's right to legal assistance under Article 7(1)(c) of the Charter, read with Article 14(3)(d) of the ICCPR, and his right to dignity under Article 5 of the Charter by sentencing him to corporal punishment. The Court found no violation regarding the right to be tried within a reasonable time, non-discrimination, or the right to fair trial in relation to the evaluation of evidence and grounds of appeal. The Court ordered compensation for moral damage and required the respondent to repeal laws permitting corporal punishment.

Source excerpt

• Right to fair trial
• Right to legal assistance
• Prohibition of torture and inhuman or degrading treatment
• Non-discrimination
• Judicial remedies
• Compensation for human rights violations

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john v united republic of tanzania application no 0052018 2022 afchpr 26 22 september 2022

Court

TANZLII

The African Court found Tanzania violated Joseph John’s rights to liberty and defence by failing to inform him of bail rights and provide free legal assistance.

• Right to fair trial
• Right to legal assistance
• Right to bail
• Right to liberty
• Admissibility of applications
• Jurisdiction of the court

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rutakikirwa c republique unie de tanzanie requete n 0132016 2022 afchpr 77 24 mars 2022

Court

TANZLII

The Court found that the applicant's right to free legal assistance under Article 7(1)(c) of the African Charter, read with Article 14(3)(d) of the ICCPR, was violated because he did not receive free legal aid in a serious criminal case. The Court found no violation regarding the assessment of evidence by the national courts. The application was admissible as the applicant had exhausted domestic remedies and filed within a reasonable time given his circumstances.

Source excerpt

• Right to fair trial
• Right to legal assistance
• Exhaustion of domestic remedies
• Compensation for moral damages

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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…

Source excerpt

• 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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