Tanzania Case Law

augustino and another v united republic of tanzania merits and reparations application 0152016 2024 afchpr 19 3 september 2024

Court

TANZLII

The Court found that the Respondent State violated the Applicants' rights to consular assistance, interpretation, timely trial, and protection from torture and inhuman treatment, and that the mandatory death penalty and its method of execution by hanging violated the right to life and dignity. The Court held that the Respondent State failed to provide effective remedies for these violations and ordered legislative and administrative reforms, compensation, and rehearing on sentencing. The Court did not find violations regarding discrimination or legal representation.

Source excerpt

• Right to fair trial
• Death penalty
• Torture and inhuman treatment
• Right to life
• Non-discrimination
• Consular assistance

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rajabu and others v tanzania application no 0072015 2019 afchpr 52 28 november 2019

Court

TANZLII

The mandatory imposition of the death penalty for murder under Section 197 of the Tanzanian Penal Code violates Article 4 (right to life) and Article 5 (right to dignity) of the African Charter because it removes judicial discretion, does not allow for consideration of mitigating circumstances, and constitutes arbitrary deprivation of life and cruel, inhuman or degrading treatment. The Respondent State’s failure to amend its law to remove the mandatory death penalty also violates Article 1 of the Charter. The Applicants’ fair trial rights under Article 7(1) were not violated in the conduct of…

Source excerpt

• Death penalty
• Right to life
• Right to dignity
• Right to fair trial
• Mandatory sentencing
• Due process

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thomas c republique unie de tanzanie requete n 0052013 2015 afchpr 22 20 novembre 2015

Court

TANZLII

The Court found that the applicant was denied the right to be present and defend himself at trial due to illness, was not provided legal assistance despite the seriousness of the charges and his indigence, and suffered excessive delays in appeal proceedings. These failures constituted violations of Articles 1 and 7(1)(a), (c), (d) of the African Charter and Article 14(3)(d) ICCPR. The Court rejected claims regarding equality before the law, torture, right to liberty, and right to information for lack of sufficient evidence.

Source excerpt

• Right to fair trial
• Right to legal assistance
• Due process
• Judicial delay
• Equality before the law
• Torture and inhuman treatment

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southern africa human rights ngo network and others v tanzania communication 333 of 2006 2010 achpr 107 26 may 2010

Court

ACHPR

The African Commission declared this communication inadmissible under Article 56(6) of the African Charter because it was filed too late after local remedies were exhausted.

• Death penalty
• Right to life
• Exhaustion of local remedies
• Admissibility of communications
• Delay in filing
• Torture and inhuman treatment

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chinhamo v zimbabwe communication 307 of 2005 2007 achpr 80 28 november 2007

Court

ACHPR

The African Commission found Chinhamo’s complaint against Zimbabwe inadmissible for failure to exhaust local remedies under Article 56(5) of the African Charter.

• Exhaustion of local remedies
• Admissibility of communications
• Torture and inhuman treatment
• Right to fair trial
• Freedom of movement
• Right to privacy

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ouko v kenya communication 232 of 1999 2000 achpr 27 6 november 2000

Court

ACHPR

The African Commission found Kenya in violation of Articles 5, 6, 9, 10 and 12 of the African Charter over Ouko’s arrest, detention and political persecution.

• Arbitrary detention
• Torture and inhuman treatment
• Freedom of expression
• Freedom of association
• Freedom of movement
• Arbitrary-detention

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huri laws v nigeria communication 225 of 1998 2000 achpr 23 6 november 2000

Court

ACHPR

The African Commission found Nigeria in violation of the Charter for arbitrary detention, mistreatment, unlawful search and seizure, and restrictions on expression and association.

• Arbitrary detention
• Torture and inhuman treatment
• Right to fair trial
• Freedom of expression
• Freedom of association
• Freedom of movement

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media rights agenda v nigeria communication 224 of 1998 2000 achpr 24 6 november 2000

Court

ACHPR

The African Commission found Nigeria in violation of multiple Charter rights after Niran Malaolu’s arrest, secret trial by military tribunal, detention, and conviction.

• Arbitrary detention
• Fair trial
• Freedom of expression
• Independence of judiciary
• Torture and inhuman treatment
• Arbitrary-detention

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