Tanzania Case Law

application no 0512016 2024 afchpr 12 4 2024

Court

TANZLII

The mandatory imposition of the death penalty under Tanzanian law deprived the judicial officer of discretion to consider the circumstances of the crime and the offender, violating the applicant’s right to life and dignity. The applicant’s prolonged pretrial detention and time spent on death row constituted inhuman and degrading treatment. The respondent failed to inform the applicant of his right to consular assistance, violating international obligations. The applicant’s right to fair trial was violated regarding timely trial but not in respect of legal representation or translation.

Source excerpt

• Right to life
• Right to dignity
• Fair trial
• Mandatory death penalty
• Consular assistance
• Inhuman treatment

Read case analysis

misalaba v united republic of tanzania application 0332016 2023 afchpr 40 7 november 2023

Court

TANZLII

The African Court found Tanzania violated Misalaba’s rights to life, dignity, and a fair trial, but rejected claims about evidence, counsel, and prison care.

• Right to life
• Mandatory death penalty
• Right to dignity
• Right to fair trial
• Delay in trial
• Legal representation

Read case analysis

zabron v united republic of tanzania application no 0512016 2023 afchpr 12 4 june 2023

Court

TANZLII

The mandatory imposition of the death penalty under Tanzanian law, without allowing judicial discretion to consider the nature of the offence and the circumstances of the offender, constitutes an arbitrary deprivation of the right to life under Article 4 of the Charter. The imposition of the death penalty by hanging and prolonged detention on death row violate the right to dignity and the prohibition of cruel, inhuman or degrading treatment under Article 5. The Applicant's right to a fair trial under Article 7(1)(d) was violated due to unreasonable pre-trial detention. The Respondent State al…

Source excerpt

• Right to fair trial
• Right to life
• Death penalty
• Right to dignity
• Cruel, inhuman or degrading treatment
• Right to consular assistance

Read case analysis

shereen said hamd bakhet v arab republic of egypt communication 658 of 2017 2018 achpr 7 13 november 2018

Court

ACHPR

The African Commission struck out a human rights communication against Egypt after the complainant failed to file admissibility submissions within the set deadlines.

• Arbitrary detention
• Torture
• Due process
• Right to fair trial
• Prison conditions
• Prosecution diligence

Read case analysis

samak v arab republic of egypt communication 640 of 2016 2018 achpr 131 17 october 2018

Court

ACHPR

The African Commission struck out a human rights communication against Egypt because the complainant did not file admissibility submissions or seek an extension.

• Torture
• Forced disappearance
• Right to fair trial
• Prison conditions
• Admissibility
• Diligent prosecution

Read case analysis

ayatulla alaa hosny represented by dalia lotfy v arab republic of egypt communication 603 of 2016 2018 achpr 3 8 august 2018

Court

ACHPR

The African Commission closed Communication 603/16 after the complainant requested withdrawal, noting the victim’s release and difficulties proceeding without counsel.

• Arbitrary detention
• Torture
• Prison conditions
• Right to fair trial
• Exhaustion of local remedies
• Human-rights-law

Read case analysis

20050419 TZHC Dar es Salaam

Court

TZHC

The applicant's illnesses (hypertension, headache, diabetes) are not controllable in prison conditions, constituting sufficient cause for granting bail pending appeal.

Source excerpt

• Bail pending appeal
• Illness in custody
• Prison conditions

Read case analysis

mohamed vs republic 2005 tzhc 24 19 april 2005

Court

TZHC

The applicant's illnesses are not controllable in prison due to poor conditions and unsuitable food, constituting sufficient cause to grant bail pending appeal.

Source excerpt

• Bail pending appeal
• Illness as ground for bail
• Prison conditions

Read case analysis