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Tanzania decisions
Decisions matching the current search
The African Court ordered Tunisia to stay implementation of a decree-law and dismissal decree affecting judicial officers, pending the merits of the case.
The African Court held that one request for provisional measures in Hasna Ben Slimane v Tunisia was moot and dismissed the remaining requests as touching the merits.
The African Court dismissed provisional-measures requests seeking Ghazi Chaouachi’s release and removal of obstacles to his presidential candidacy in Tunisia.
The African Court dismissed an application for provisional measures seeking a stay of sentence, finding the request would prejudge the merits of the fair-trial claims.
The applicants demonstrated, through medical certificates and corroborating evidence, that their health is in a precarious state due to alleged torture and inadequate prison medical care, creating a real and imminent risk of irreparable harm. The urgency and extreme gravity conditions are met. The Court, exercising its discretion, finds it necessary to order suspension of detention to allow access to specialized medical treatment until completion of such treatment.
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Applicants failed to demonstrate the urgency, extreme gravity, and irreparable harm required for provisional measures. The alleged harms are not proven to be imminent or irreparable, and ongoing proceedings before the national Supreme Court may provide adequate remedy. Granting the requested measures would prejudge the merits.
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The Court found that the provisional measures requested by the applicant were identical to the relief sought in the main application and would prejudge the merits of the case. Therefore, the conditions for granting provisional measures were not met.
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The application is inadmissible because, at the time of filing, the applicants had not exhausted domestic remedies, as their appeal to the Court of Cassation was still pending. The Court has material competence, but the exhaustion requirement is not met, making it unnecessary to consider the merits or other admissibility criteria.
Source excerpt
The African Court held it lacked prima facie jurisdiction over XYZ’s request for provisional measures because it was not sufficiently linked to the main application.
The African Court held that the application was inadmissible because Soglo had not exhausted local remedies relating to his removal as mayor and criminal conviction.
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