legal and human rights centre and human rights and another v united republic of tanzania application no 0392020 2023 afchpr 16 13 june 2023
Section 148(5) of the Criminal Procedure Act violates Articles 1, 2, and 7 of the Charter by imposing blanket restrictions on bail, causing discrimination, denying judicial discretion, and violating the presumption of innocence and right to be heard. The Respondent State must amend the law to align with the Charter.
Source excerpt
- Right to bail
- Non-discrimination
- Fair trial
- Presumption of innocence
- Judicial discretion
- Legislative compliance