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Tanzania Case Law

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Human rights law ali and another v republic of tunisia application no 0092023 2024 afchpr 16 3 september 2024

ali and another v republic of tunisia application no 0092023 2024 afchpr 16 3 september 2024

The Application is inadmissible because the Applicants failed to exhaust local remedies, as their cassation appeal was still pending before the domestic courts at the time of filing the Application.

  • Right to liberty and security
  • Right to fair trial
  • Right to freedom of expression
  • Exhaustion of local remedies
  • Jurisdiction of international courts
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Human rights law ali and another v republic of tunisia 0092023 2024 afchpr 16 3 2024

ali and another v republic of tunisia 0092023 2024 afchpr 16 3 2024

The application is inadmissible because the applicants did not exhaust domestic remedies; their appeal against the indictment and continued detention was still pending before the national Court of Cassation at the time of filing. The Court therefore cannot consider the merits or order interim measures.

  • Admissibility of applications
  • Exhaustion of domestic remedies
  • Arbitrary detention
  • Right to liberty and security
  • Right to fair trial
  • Freedom of expression
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Human rights law noudehouenou c republique du benin requete n 0102021 2023 afchpr 5 30 mars 2023

noudehouenou c republique du benin requete n 0102021 2023 afchpr 5 30 mars 2023

The Court held that Reckya Madougou, having given a mandate ad litem to the main applicant, is not a third party to the proceedings. Her interests are already represented in the main application, and thus she cannot be admitted as an intervenor under Rule 61. The application for intervention is therefore inadmissible.

  • Intervention
  • Standing
  • Mandate ad litem
  • Admissibility
  • African charter on human and peoples’ rights
  • Right to liberty and security
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Human rights fory v republic of cote divoire application for review 0012022 2022 afchpr 47 1 december 2022

fory v republic of cote divoire application for review 0012022 2022 afchpr 47 1 december 2022

The African Court held that the review application raised no new facts or evidence and declared it inadmissible, while confirming its personal jurisdiction.

  • Right to fair trial
  • Right to property
  • Right to work
  • Right to remuneration
  • Right to liberty and security
  • Right to dignity
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Human rights law yayi v republic of benin application no 0232019 2022 afchpr 27 22 september 2022

yayi v republic of benin application no 0232019 2022 afchpr 27 22 september 2022

The African Court struck out Thomas Boni Yayi’s application after he asked to discontinue the case and the Respondent State filed no objection.

  • Right to life
  • Right to liberty and security
  • Right to fair trial
  • State responsibility
  • Discontinuance of proceedings
  • Discontinuance-of-proceedings
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Human rights metongnon and others v republic of benin 2022 afchpr 5 24 march 2022

metongnon and others v republic of benin 2022 afchpr 5 24 march 2022

The application is inadmissible because the applicants failed to exhaust available and effective local remedies before filing with the Court, and the proceedings were not unduly prolonged.

  • Right to liberty and security
  • Right to fair trial
  • Exhaustion of local remedies
  • Jurisdiction of international courts
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International human rights law george iyanyori kajikabi v arab republic of egypt communication 34407 2021 achpr 528 20 october 2021

george iyanyori kajikabi v arab republic of egypt communication 34407 2021 achpr 528 20 october 2021

The African Commission found Egypt responsible for multiple Charter violations arising from the violent breakup of a Sudanese sit-in in Cairo.

  • Right to life
  • Prohibition of torture and inhuman treatment
  • Right to liberty and security
  • Freedom of assembly
  • Right to property
  • Right to health
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Human rights law onyachi and another v united republic of tanzania 2021 afchpr 32 20 july 2021

onyachi and another v united republic of tanzania 2021 afchpr 32 20 july 2021

The African Court reopened proceedings on reparations, admitted Tanzania’s late response, and directed the applicants to file a reply within 30 days.

  • Right to equality
  • Right to liberty and security
  • Freedom from torture
  • Right to fair trial
  • Reparations
  • Procedural fairness
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Human rights law onyachi and another c republique unie de tanzanie requete n 0032015 2021 afchpr 32 20 juillet 2021

onyachi and another c republique unie de tanzanie requete n 0032015 2021 afchpr 32 20 juillet 2021

The Court, in the interest of justice and good administration, exercised its discretion to reopen the proceedings and admit the respondent's late submissions.

  • Right to equality
  • Right to liberty and security
  • Protection against torture
  • Right to fair trial
  • Reparations
  • Procedural fairness
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Human rights law desmond nunugwo v nigeria communication 653 of 2017 2020 achpr 3 17 august 2020

desmond nunugwo v nigeria communication 653 of 2017 2020 achpr 3 17 august 2020

The complainants failed to demonstrate that they had exhausted available domestic judicial remedies or that such remedies were unavailable, ineffective, or unduly prolonged. The Commission found that Nigerian courts provide avenues for judicial review and enforcement of fundamental rights, which the complainants did not pursue or show to be unavailable. Therefore, the communication does not meet the admissibility requirements under Article 56(5) and (6) of the African Charter.

  • Right to life
  • Prohibition of torture
  • Right to liberty and security
  • Presumption of innocence
  • State obligation to investigate deaths in custody
  • Exhaustion of domestic remedies
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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.