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Tanzania Case Law

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International law mahok v attorney general of the republic south sudan reference 19 of 2018 2022 eacj 11 24 june 2022

mahok v attorney general of the republic south sudan reference 19 of 2018 2022 eacj 11 24 june 2022

The East African Court of Justice dismissed a reference alleging unlawful detention and related rights violations in South Sudan, holding the claims were not proved.

  • Jurisdiction
  • Time limitation
  • Detention without trial
  • Political detainees
  • Bank account closure
  • Burden of proof
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Human rights law african commission on human and peoples rights v libya application 2 of 2013 2016 afchpr 39 3 2016

african commission on human and peoples rights v libya application 2 of 2013 2016 afchpr 39 3 2016

The African Court found Libya violated the Charter by detaining individuals without trial, without prompt judicial review, and without access to counsel.

  • Right to liberty and security
  • Right to fair trial
  • Habeas corpus
  • Detention without trial
  • Arbitrary-detention
  • Right-to-fair-trial
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Public international law rugumba v secretary general of the east african community and another 2011 eacj 60 30 november 2011

rugumba v secretary general of the east african community and another 2011 eacj 60 30 november 2011

The EACJ has jurisdiction to interpret the EAC Treaty, including determining whether Rwanda's detention of Lieutenant Colonel Ngabo without trial for five months breached Articles 6(d) and 7(2). The detention was unlawful under Rwandan law and violated the Treaty’s fundamental and operational principles. The Reference was filed within time due to the continuous nature of the detention, and exhaustion of local remedies was not required. The 1st Respondent was not in breach as he had no prior notice. The Applicant is entitled to a declaration and costs against the 2nd Respondent.

  • Jurisdiction of eacj
  • Detention without trial
  • Exhaustion of local remedies
  • Limitation period
  • Interpretation of eac treaty
  • Good governance
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Human rights law a v cameroon communication 258 of 2002 2004 achpr 53 4 june 2004

a v cameroon communication 258 of 2002 2004 achpr 53 4 june 2004

The African Commission declared the communication inadmissible because the alleged victims had been tried and released, so local remedies were not exhausted.

  • Detention without trial
  • Exhaustion of local remedies
  • Right to fair trial
  • Compensation for unlawful detention
  • Exhaustion-of-local-remedies
  • Inadmissibility
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Human rights law dioumessi and others v guinea communication 70 of 1992 1994 achpr 6 27 april 1994

dioumessi and others v guinea communication 70 of 1992 1994 achpr 6 27 april 1994

The African Commission adjourned a communication alleging detention without trial in Guinea and asked the government to provide further information before substantive review.

  • Detention without trial
  • Right to fair trial
  • Procedure under african charter
  • Detention-without-trial
  • African-charter-procedure
  • Human-rights-law
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Human rights ccdb v benin communication 16 of 1988 1994 achpr 2 27 april 1994

ccdb v benin communication 16 of 1988 1994 achpr 2 27 april 1994

The African Commission held that Benin’s new government had satisfactorily resolved alleged prior human rights violations, including detention, torture, and political imprisonment.

  • Detention without trial
  • Torture
  • Extrajudicial killing
  • Release of political prisoners
  • Human-rights
  • Detention-without-trial
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.