[2019] AfCHPR 13

[2019] AfCHPR 13

The Court found that it had prima facie jurisdiction to entertain the application as the alleged violations concerned rights protected under the African Charter on Human and Peoples' Rights, to which the respondent state is a party and has accepted the Court's jurisdiction. Given the applicant's sentence of death and the risk of irreparable harm, the Court determined that the circumstances warranted the granting of provisional measures to preserve the status quo. The Court therefore ordered the respondent state to stay the execution of the death sentence pending the determination of the main application, in accordance with Article 27(2) of the Protocol and Rule 51 of the Rules of Court.

Citation
[2019] AfCHPR 13
Parties
Applicant: Ladislaus Chalula; Respondent: United Republic of Tanzania
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
17 May 2019
Case Number
Application No. 003/2018
Procedural Posture
Application for Provisional Measures / Order on Provisional Measures
Outcome
provisional measures granted
Judges
Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
Legal Topics
Right to Life, Death Penalty, Fair Trial Rights, Provisional Measures
Source Language
English
Constitutional Law Criminal Law Right to Life Death Penalty Fair Trial Rights Provisional Measures

Case Brief

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Parties

Ladislaus Chalula

Applicant

United Republic of Tanzania

Respondent

Procedural Posture

Application for Provisional Measures / Order on Provisional Measures

Legal Issues

  1. 1 Whether the Court has prima facie jurisdiction to entertain the application for provisional measures.
  2. 2 Whether the circumstances of the case require the granting of provisional measures to prevent irreparable harm to the applicant.
  3. 3 Whether the execution of the death sentence should be stayed pending determination of the main application.

Ratio Decidendi

The Court found that it had prima facie jurisdiction to entertain the application as the alleged violations concerned rights protected under the African Charter on Human and Peoples' Rights, to which the respondent state is a party and has accepted the Court's jurisdiction. Given the applicant's sentence of death and the risk of irreparable harm, the Court determined that the circumstances warranted the granting of provisional measures to preserve the status quo. The Court therefore ordered the respondent state to stay the execution of the death sentence pending the determination of the main application, in accordance with Article 27(2) of the Protocol and Rule 51 of the Rules of Court.

Court Disposition

provisional measures granted

Orders

  • The respondent state is ordered to stay execution of the death sentence, subject to the decision on the main application.
  • The respondent state is ordered to report to the Court within sixty (60) days of receipt of this Order on the measures taken to implement it.