Tanzania Case Law

damian c republique unie de tanzanie requete n 0482016 2024 afchpr 8 4 juin 2024

Court

TANZLII

The Court held that the mandatory death penalty as applied in Tanzania violates Article 4 of the African Charter because it is arbitrary, deprives the judge of discretion, and does not allow consideration of the nature of the offence or the circumstances of the offender. The Court also found that execution by hanging violates Article 5 as it constitutes cruel, inhuman and degrading treatment. The Court rejected the applicant's claims regarding violations of the right to a fair trial, except for the finding that the mandatory nature of the death penalty and its execution by hanging were incomp…

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• Right to life
• Death penalty
• Right to dignity
• Right to fair trial
• Cruel and inhuman treatment
• Judicial remedies

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nyerere c republique unie de tanzanie requete n 0232018 2023 afchpr 24 13 novembre 2023

Court

TANZLII

The Court found that the mandatory imposition of the death penalty under Tanzanian law violates the right to life (Article 4) and the method of execution by hanging violates the right to dignity (Article 5) of the African Charter. The Court rejected the applicant's claims of torture and unfair trial, finding no manifest error in the domestic courts' evaluation of evidence. The Court ordered the respondent State to annul the applicant's death sentence, remove him from death row, amend its laws to abolish the mandatory death penalty and hanging as a method of execution, and awarded moral damage…

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• Right to life
• Right to dignity
• Death penalty
• Torture
• Fair trial
• Obligatory sentencing

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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.

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• 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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wangwe e centro juridico e de direitos humanos c republica unida da tanzania processo n 0112020 2023 afchpr 14 13 junho 2023

Court

TANZLII

The Court held that the absence of prescribed qualification criteria for the appointment of the Director of Elections and for electoral officials under sections 6(1), 7(2), and 7(3) of the NEA violates Article 13(1) of the African Charter, as it fails to ensure the independence, impartiality, and competence required for such positions. The restriction of eligibility to public servants alone was not found to violate the Charter. The Court found no violation of Articles 2 or 3 of the Charter. The respondent State was ordered to amend the impugned provisions to align with the Charter.

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• Right to participate in government
• Equality before the law
• Non-discrimination
• Electoral management bodies
• Judicial remedies

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akouedenoudje c republique du benin requete n 0242020 2023 afchpr 15 13 juin 2023

Court

TANZLII

The arrêté du 22 juillet 2019, by prohibiting issuance of civil documents to persons sought by justice without a definitive conviction, creates a public perception of guilt and arbitrarily restricts access to proof of nationality, violating both the presumption of innocence and the right to nationality under applicable international instruments.

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• Presumption of innocence
• Nationality
• Access to civil documents
• Judicial remedies
• International human rights instruments

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swaga c united republic of tanzania requete n0142017 2023 afchpr 38 7 novembre 2023

Court

TANZLII

The Court found that the applicant's right to a fair hearing under Article 7(1) of the Charter was not violated regarding the examination of his grounds of appeal, as the national courts considered the relevant issues. However, the Court held that the respondent violated Article 7(1)(c) of the Charter, read with Article 14(3)(d) of the ICCPR, by failing to provide the applicant with free legal assistance in a serious criminal case carrying a severe penalty.

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• Right to fair trial
• Legal aid
• Access to justice
• Judicial remedies

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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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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.

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

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belgheith v republic tunisia application no 0172021 2022 afchpr 3 24 march 2022

Court

TANZLII

The African Court consolidated provisional measures with the merits, holding that the requested interim relief overlapped with the substance of the case and could prejudice it.

• Provisional measures
• Abrogation of constitution
• Democratic process
• Self-determination
• Participation in government
• Judicial remedies

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onesmo c republique unie de tanzanie requete n 0472016 2021 afchpr 18 30 septembre 2021

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 was indigent, charged with a serious offence, and faced a severe penalty, yet was not provided with free legal aid. The Court found no violation regarding the evaluation of evidence or exclusion from proceedings.

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• Right to fair trial
• Right to legal assistance
• Judicial remedies
• Compensation for human rights violations

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