Tanzania Case Law

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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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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dr amin mekki medani and mr farouq abu eissa v republic of sudan communication 51115 2022 achpr 3 9 november 2022

Court

ACHPR

The African Commission found Sudan violated Charter rights after arbitary arrest, incommunicado detention, torture, denial of fair trial safeguards, and retaliation for political expression.

• Arbitrary detention
• Torture and ill-treatment
• Fair trial
• Freedom of expression
• Freedom of association
• State obligations

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ibrahim c republique de cote divoire requetes n0362019 2020 afchpr 37 15 juillet 2020

Court

TANZLII

The applicants failed to provide any evidence to support their request for provisional measures despite being given opportunities and extensions. The Court therefore rejects the request for provisional measures. The withdrawal of Côte d'Ivoire's declaration does not affect the Court's jurisdiction over this pending case.

Source excerpt

• Provisional measures
• Right to legal representation
• Torture and ill-treatment
• Right to health
• Jurisdiction of the court

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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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institute for human rights and development v democratic republic of congo communication 238 of 2001 2001 achpr 33 27 october 2001

Court

ACHPR

African Commission communication on alleged arbitrary detention and mistreatment in Congo, with admissibility still pending and further information requested.

• Arbitrary detention
• Torture and ill-treatment
• Right to fair trial
• Freedom of association
• Freedom of expression
• Arbitrary-detention

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