Tanzania Case Law

belgeith v republic of tunisia application no 0172021 2022 afchpr 35 22 september 2022

Court

TANZLII

The Respondent State violated the Applicant's right to be heard and political participation by promulgating presidential decrees that suspended Parliament and abrogated constitutional provisions without lawful procedures or proportionate justification, and failed to operationalise the Constitutional Court, depriving citizens of judicial remedies. These acts breached Articles 7(1)(a), 13(1), and 1 of the Charter.

Source excerpt

• Right to be heard
• Political participation
• Self-determination
• Judicial remedies
• State sovereignty
• Admissibility

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abdlhafid v republic of tunisia application no 0332018 2021 afchpr 36 25 june 2021

Court

TANZLII

The African Court held it had jurisdiction over the application against Tunisia but found the case inadmissible because the applicant had not exhausted local remedies.

• Exhaustion of local remedies
• Jurisdiction
• Admissibility
• State sovereignty
• Judicial independence
• Exhaustion-of-local-remedies

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hossou and another v republic of benin application no 0162020 2021 afchpr 10 2 december 202

Court

TANZLII

The Court finds that the Declaration under Article 34(6) is an optional, unilateral act separable from the Protocol and may be withdrawn by the State without constituting a violation of human rights. The Court upholds the Respondent State's objection and declares it lacks material jurisdiction to hear the case.

Source excerpt

• Withdrawal of declaration under article 34(6)
• Jurisdiction of regional human rights courts
• Access to justice
• State sovereignty

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