[2019] AfCHPR 3
The Court determined that, in the interests of justice and to ensure a fair trial, the Applicant should be granted leave to amend his application and submit further evidence, as well as to file submissions on reparations. The Court found no objection from the Respondent State and considered that the procedural rules...
Source-derived case information.
- Citation
- [2019] AfCHPR 3
- Parties
- Applicant: Amini Juma; Respondent: United Republic of Tanzania
- Court
- African Court on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Application No. 024/2016
- Procedural Posture
- Miscellaneous Application / Interlocutory Order
- Outcome
- application_granted_in_part
- 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
- Amendment of Application, Adducing Additional Evidence, Reparations Submissions, Right to Fair Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amini Juma
Applicant
United Republic of Tanzania
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Order
Legal Issues
- 1 Whether the Applicant should be granted leave to amend or supplement his application.
- 2 Whether the Applicant should be permitted to adduce additional evidence under Rule 50 of the Court's Rules.
- 3 Whether the Applicant should be allowed to file submissions on reparations.
Ratio Decidendi
The Court determined that, in the interests of justice and to ensure a fair trial, the Applicant should be granted leave to amend his application and submit further evidence, as well as to file submissions on reparations. The Court found no objection from the Respondent State and considered that the procedural rules permit such amendments and submissions. The orders are made to facilitate the Applicant's right to present his case fully before the Court, in accordance with Rule 50 and the relevant provisions of the Protocol and Charter.
Court Disposition
application_granted_in_part
Orders
- The Applicant is granted leave to amend his application and submit further evidence within fifteen (15) days of notification of this Order.
- The Applicant is granted leave to file submissions on reparations within fifteen (15) days of notification of this Order.
Full Case Text
Judgment text and source record
38 paragraphs
| | | | | --- | --- | --- | | AFRICAN UNION |  | UNION AFRICAINE | |  | UNIÃO AFRICANA | | AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES | | |
THE MATTER OF
AMINI JUMA
V.
UNITED REPUBLIC OF TANZANIA
APPLICATION NO. 024/2016
ORDER
13 FEBRUARY 2019
The Court composed of: Sylvain ORÉ, President; Ben KIOKO, Vice-President; Rafaâ BEN ACHOUR, Ângelo V. MATUSSE, Suzanne MENGUE, M-Thérèse MUKAMULISA, Tujilane R. CHIZUMILA and Chafika BENSAOULA, Blaise TCHIKAYA, Stella I. ANUKAM, Judges; and Robert ENO, Registrar.
In accordance with Article 22 of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights and Rule 8(2) of the Rules of Court (hereinafter referred to as "the Rules"), Justice Imani D. ABOUD, member of the Court and a national of Tanzania, did not hear the Application.
In the matter of:
AMINI JUMA
represented by:
Mr William Ernest KIVUYO, Advocate
versus
UNITED REPUBLIC OF TANZANIA,
represented by:
Dr. Clement Julius MASHAMBA, Solicitor General, Attorney General’s Chambers
after deliberation,
*issues the following Order*:
I. THE PARTIES
1. The Applicant, Mr. Amini Juma is a national of the United Republic of Tanzania. He was convicted of the offence of murder on 18 September 2008 by the High Court of Tanzania and sentenced to life imprisonment, subsequently on appeal, his original sentence was substituted with a death sentence by the Court of Appeal of Tanzania at Bukoba on 17 December 2011.
2. The Respondent State, the United Republic of Tanzania, became a party to the African Charter on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on 21 October 1986 and to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) on 10 February 2006. On 29 March 2010, it deposited the declaration required under Article 34(6) of the Protocol.
II. PRAYERS OF THE PARTIES
3. The Applicant prays the Court to Order:
“1. That the Applicant be permitted to amend or file a supplement to his Application in accordance with the application filed on 19 October 2018;
2. That the Applicant be permitted to adduce additional evidence under Rule 50 of the Court’s Rules in accordance with the Application filed on 19 October 2018;
3. That the Applicant be permitted to file such evidence and submissions on 18 January 2019;
4. That the Applicant be permitted to file the Reparation submissions on 18 January 2019;
5. That drafting or issuing of the judgment in this matter be deferred until the Applicant has had the opportunity to make the contemplated further submissions.”
4. The Respondent State did not reply to the prayers of the Applicant.
THE COURT:
i. Grants the Applicant leave to amend his application and submit further evidence in support of the same to be filed within fifteen (15) days of notification of this Order.
ii. Grants the Applicant leave to file his submissions on reparations within fifteen (15) days of notification of this Order.
Signed:
Sylvain ORÉ, President
and Robert ENO, Registrar.
Done at Arusha, this thirteenth Day of February in the Year 2019, in English and French, the English text being authoritative.