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Signed: Elsie N. THOMPSON, Vice ~ nt Preside~ ~ . Gerard NIYUNGEKO, Judge ' I ..,.:;n ":::> ~~--= "r~" .-,...~-- Fatsah OUGUERGOUZ, Judge Duncan TAMBALA, Judge ~\,~ __p'/)~ El Hadji GUISSE, Judge z , . ..l/-<- vi\.'--. .-- Ben KIOKO, Judge Rafaa Ben ACHOUR, Judge iJ .,., .... Ll ~ It?\ /~ Angelo Vasco MATUSE, Judge; and Robert ENO, Registrar. ,f·,- ___:_-- ~.--;;;::::::::;::::::::::::::~ ___...... I 6

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أوازي من إعداد:
African Human Rights CLA 2.0
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معلومات
29العلاقات

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جدول المحتويات

Subject of the Application 2
Procedure before the Court 3
Jurisdiction 4
On the Provisional Measures Sought5
For These Reasons6

62. Order for Provisional Measures Appl.001 2015 Armand Guehi v United Republic of Tanzania

AfCHPR Ruling

Preview

Type of Document

Decision
Order

Keywords

Discrimination
Right to be Heard
Right to Fair Trial
Right to Property

Country

Tanzania

Outcome

Order of Provisional Measures

Year Decided: 18 مارس 2016

Rights Alleged to be Violated

ACHPR 1 - General Obligations
ACHPR 14: Right to Property
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 7 : Right to Fair Trial
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 7.1.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a Reasonable Time by Impartial Court

Rights Violated

ACHPR 1 - General Obligations
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 7.1.d: Right to be tried within a Reasonable Time by Impartial Court

Rights Not Violated

ACHPR 14: Right to Property
ACHPR 7 : Right to Fair Trial
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 7.1.c: Right to Defence

Duration of Procedure: 6 يناير 2015 ~ 18 مارس 2016

Country Geolocation

خط العرض: -6.369028

خط الطول: 34.888822

Country Geolocation (مرتبط AfCHPR Ruling): Tanzania

المستندات الأولية

01/15 Armand Guehi v Tanzania - Order of provisional Measures.pdf
English
تحميل عرض
001-2015 - Armand Guehi c. RÃ©publique Unie de Tanzanie (Ordonnance portant mesures provisoires (18 Mars 2016)).PDF
French
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تحميل عرض

Achpr instr proto court eng

Article 22 EXCLUSIONIf the judge is a national of any State which is a party to a case submitted to the Court, that judge shall not hear the case

Treaty

Rules of Court {African Court on Human and People's Rights}

Rule 8Inability to Sit, Exemption and Withdrawal1. Any Member of the Court who is unable to attend a sittingof the Courtshall notify the President as early as possible.2. In accordance with article 22 of the Protocol, any Member of the Courtwho is a national of a State that is party to a case shall abstain fromhearing that case.

Rules of Procedure

Achpr instr proto court eng

Article 22 EXCLUSIONIf the judge is a national of any State which is a party to a case submitted to the Court, that judge shall not hear the case

Treaty

Rules of Court {African Court on Human and People's Rights}

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rule 35Transmission of Applications1. Upon the receipt of an application filed in accordance with article 5(1)and (3) of the Protocol, the Registrar shall transmit a copy thereof togetherwith any annexes, to the President and other Members of the Court.2. Unless otherwise decided by the Court, the Registrar shall forward copiesof the application where applicable to the:a) State Party against which the application has been filed, inaccordance with Rule 34 (6) of these Rules;b) State Party whose citizen is a victim of the alleged violation;c) State Party against which an application has been filed at theCommission;d)Commission;e) Individual or legal entity or the Non-Governmental Organization thathas filed an application at the Commission by virtue of article 55 ofthe Charter.3. The Registrar shall also inform the Chairperson of the African UnionCommission and through him/her, the Executive Council of the AfricanUnion, and all the other States Parties to the Protocol, of the filing of theapplication;4. In forwarding applications as stipulated in sub-rules 2 and 3 of this Rule,the Registrar shall invite:a) the Respondent State Party to indicate, within thirty (30) days ofreceipt of the application, the names and addresses of itsrepresentatives; 25b) any other State Party that may wish to intervene in the proceedingsunder article 5(2) of the Protocol, to inform the Registrar accordingly,within the time stipulated in Rule 53;c) if applicable, the Commission to forward to the Registrar, within thirty(30) days the names and addresses of its representatives

Rules of Procedure

Achpr instr proto court eng

Treaty

Rules of Court {African Court on Human and People's Rights}

1. An application for leave to intervene, in accordance with article 5 (2) ofthe Protocol shall be filed as soon as possible, and, in any case, before theclosure of the written proceedings.2. The application shall state the names of the Applicant’s representatives.It shall specify the case to which it relates, and shall set out:a)the legal interest which, in the view of the State applying to intervene,has been affected;b)the precise object of the intervention; andc)the basis of the jurisdiction which, in the view of the State applying tointervene, exists between it and the parties to the case.

Rules of Procedure

Achpr instr proto court eng

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protoco

Treaty

Achpr instr proto court eng

Article 3 JURISDICTION 1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.

Treaty

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Article 34 RATIFICATION1. This Protocol shall be open for signature and ratification or accession by any State Party to the Charter.2. The instrument of ratification or accession to the present Protocol shall be deposited with the Secretary-General of the OAU.3. The Protocol shall come into force thirty days after fifteen instruments of ratification or accession have been deposited.4. For any State Party ratifying or acceding subsequently, the present Protocol shall come into force in respect of that State on the date of the deposit of its instrument of ratification or accession.5. The Secretary-General of the OAU shall inform all Member States of the entry into force of the present Protocol.6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.

Treaty

Achpr instr proto court eng

Treaty

Banjul charter

Treaty

ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legalassistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person whohas suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

UN Document

ICCPR

UN Document

Achpr instr proto court eng

Article 27 FINDINGS1. If the Court finds that there has been violation of a human or peoples’ rights, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation. 2. In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the Court shall adopt such provisional measures as it deems necessary.

Treaty

Rules of Court {African Court on Human and People's Rights}

Rules of Procedure

ICCPR

UN Document

Banjul charter

Treaty

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Treaty

Banjul charter

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

ICCPR

UN Document

Achpr instr proto court eng

Treaty

Rules of Court {African Court on Human and People's Rights}

Rule 51Interim Measures1. Pursuant to article 27(2) of the Protocol, the Court may, at the request ofa party, the Commission or on its own accord, prescribe to the parties anyinterim measure which it deems necessary to adopt in the interest of theparties or of justice.2. In case of extreme urgency, the President may convene an extraordinarysession of the Court to decide on measures to be taken. He/she may, in thisregard, and by all reliable means, enlist the views of the Members notpresent.3.The Court shall duly notify the parties to the case, the Commission, theAssembly, the Executive Council and the African Union Commission of theaforesaid interim measures.4. In the Annual Report submitted by the Court to the Assembly pursuantto article 31 of the Protocol, the Court shall disclose the interim measures itordered during the period under review. In the event of non-compliance withthese measures by the State 32concerned, the Court shall make all suchrecommendations as it deems appropriate.5. The Court may invite the parties to provide it with information on anyissue relating to implementation of the interim measures adopted by it

Rules of Procedure

Achpr instr proto court eng

Treaty

Treaties and softlaw only28
- Treaty17
- Rules of Procedure7
- UN Document4
Geolocation1
- Countries geolocation1

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اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

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