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AFRICAN UNION UNION AFRICAINE UN IAO AFRICANA ~_JS~\ .l'b...3::f\ AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS COUR AFRICAINE DES DROITS DE L' HOMME ET DES PEUPLES IN THE MATTER OF HABIYALIMANA AUGUSTINO AND MBURO ABDULKARIM v. THE UNITED REPUBLIC OF TANZANIA APPLICATION NO. 015/2016

اختر الفقرة المستهدفة3

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أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
تسجيل الدخول

معلومات
17العلاقات

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Subject of the Application 3
Procedure Before the Court4
Jurisdiction4
On the Provisional Measures 5
For These Reasons,7

69. Appl.015 2016 Habiyalimana Augustino v Tanzania English

AfCHPR Ruling

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Type of Document

Order

Keywords

Right to Life

Country

Tanzania

Outcome

Order of Provisional Measures

Year Decided: 3 يونيو 2016

Rights Alleged to be Violated

None Indicated

Rights Violated

None Indicated

Rights Not Violated

None Indicated

Duration of Procedure: 8 مارس 2016 ~ 3 يونيو 2016

Country Geolocation

خط العرض: -6.369028

خط الطول: 34.888822

Country Geolocation (مرتبط AfCHPR Ruling): Tanzania

المستندات الأولية

15-16 Habiyalimana Augustino v Tanzania.pdf
English
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

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

Rule 36Registration and Transmission of Pleadings1. All pleadings received by the Registrar shall be registered and a copythereof transmitted to the other party.2. The Registrar shall acknowledge receipt of all such pleadings

Rules of Procedure

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

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 Protocol.

Treaty

Achpr instr proto court eng

rticle 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

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

rticle 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 Protocol.

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.

Treaty

Banjul charter

Treaty

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}

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.

Rules of Procedure

Achpr instr proto court eng

Treaty

Banjul charter

Treaty

Achpr instr proto court eng

Treaty

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

Rules of Procedure

Treaties and softlaw only16
- Treaty12
- Rules of Procedure4
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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