23. The Applicant cites the Court’s jurisprudence8, that as long as the rights
allegedly violated are protected by the Charter or any other human rights
instrument ratified by the State concerned, the Court will have jurisdiction
over the matter. He avers that the alleged violations are provided for under
Articles 2, 3(1) and (2) and 7(1)(c) of the Charter as well as Article 107A
(2)(b) of the Constitution of the United Republic of Tanzania.
24. The Applicant affirms that he has demonstrated the compelling
circumstances that support his prayer for release and cites the Court’s
jurisprudence,9 that an order for an Applicants release from prison can be
made only under very specific and/or compelling circumstances.
25. The Applicant further submits that the Court can draw inspiration from the
decision of the Inter-American Court of Human Rights in the case of “Loayza
Tamayo v. Peru, merits judgment of 17 August 1997, series C NO 33,
Resolutory paragraph 5 and 84”. He submits that in this case, “the court
ordered the Applicant’s release since not doing so would have resulted in
double jeopardy which is prohibited by the American Convention on Human
Rights”.
***
26. The Court recalls that under Article 3(1) of the Protocol, it has jurisdiction to
examine any application submitted to it, provided that the rights of which a
violation is alleged are protected by the Charter or any other human rights
instrument ratified by the Respondent State.10
27. In the present Application, the Court notes that the Applicant has alleged
violations of provisions of the Charter, specifically, Article 2 on the right to
non-discrimination; Article 3(1)(2) on the right to equality before the law and
8
Application No. 003/2012, Peter Joseph Chacha v. Tanzania, § 114.
Application No. 005/2013, Alex Thomas v. United Republic of Tanzania.
10 See, for instance, Kalebi Elisamehe v. United Republic of Tanzania, ACtHPR, Application No.
028/2015, Judgment of 26 June 2020 (merits and reparations), § 18; Gozbert Henrico v. United Republic
of Tanzania, ACtHPR, Application No. 056/2016, Judgment of 10 January 2022 (merits and
reparations), §§ 38-40.
9
8