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003/12 Peter Joseph Chacha v. Tanzania

AfCHPR Decision

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Nature of the Application2
Procedure2
Historical and Factual Background to the Application7
The Applicant's Prayers10
The Respondent's Prayers10
The Position of the Respondent11
The Position of the Applicant12
The Court's Ruling on the Objection to the Expert Witness12
The Respondent's Preliminary Objections13
Preliminary Objection on Jurisdiction13
Preliminary Objection on Admissibility13
Non-exhaustion of Local Remedies13
The Application has not Been Filed Within a Reasonable Time From the Time Local Remedies Were Exhausted14
The Applicants Response to the Preliminary Objections14
Preliminary Objection on Jurisdiction14
Preliminary Objection on Admissibility14
The Court's Ruling on the Preliminary Objection on Jurisdiction15
The Court's Jurisdiction Ratione Personae16
The Court's Jurisdiction Ratione Temporis16
The Court's Ruling on the Preliminary Objection on Admissibility17
Non-exhaustion of Local Remedies17
Whether Local Remedies are Unduly Prolonged19
That the Application has not Been Filed Within a Reasonable Time20
The Merits21
Costs21

003/12 Peter Joseph Chacha v. Tanzania

AfCHPR Decision

Preview

Type of Document

Ruling

Keywords

Freedom of Movement
Right to Property

Country

Tanzania

Outcome

Ruled Inadmissible

Year Decided: Mar 28, 2014

Rights Violated (ACHPR Provisions)

None Indicated

Duration of Procedure: ~ Mar 28, 2014

Country Geolocation

Latitude: -6.369028

Longitude: 34.888822

Country Geolocation (linked AfCHPR Decision): Tanzania

Primary Documents

003_12 Peter Joseph Chacha v The United Republic of Tanzania.pdf
English
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African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Rules of Court (African Court on Human and People's Rights)

Rule 34Commencement of Proceedings1. The Applicant shall file in the Court Registry, one (1) copy of theapplication containing a summary of the facts of the case andof theevidence intended to be adduced.The said application shall be signed by the Applicant or by his/herrepresentative.The Registrar shall acknowledge receipt of the application.2. Any application addressed to the Court shall give clear particulars of theApplicant and of the party or parties against whom such application hasbeen brought. The application shall also contain the names and addressesof the persons designated as the Applicant’s representatives.3. The application shall be written in one of the official languages of theCourt, and the original forwarded to the Court Registry.4. The application shall specify the alleged violation, evidence of exhaustionof local remedies or of the inordinate delay of such local remedies as well asthe orders or the injunctions sought. All applications filed by individualsand Non-Governmental Organizations shall meet the other admissibilityconditions as set out in article 56 of the Charter and Rule 40 of these Rules.5. Any Applicant who on his/her own behalf or on behalf of the victimwishes to be granted reparation pursuant to article 27(1) of the Protocol shallinclude the request for the reparation in the application in accordance withsub-rule 4 above. The amount of the reparation and the evidence relatingthereto may be submitted subsequently within the time limit set by theCourt.6. The Registrar shall effect service of the application on the other party byregistered post together with a request to acknowledge receipt.

Rules of Procedure

African Charter on Human and Peoples' Rights

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

Rules of Court (African Court on Human and People's Rights)

5. Any Applicant who on his/her own behalf or on behalf of the victimwishes to be granted reparation pursuant to article 27(1) of the Protocol shallinclude the request for the reparation in the application in accordance withsub-rule 4 above. The amount of the reparation and the evidence relatingthereto may be submitted subsequently within the time limit set by theCourt.

Rules of Procedure

African Charter on Human and Peoples' Rights

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

Treaty

Rules of Court (African Court on Human and People's Rights)

Rule 38Dismissal of Application without MeritWhenever the Court finds that there is no merit in an application, it shalldismiss such application giving reasons for its decision, and may not haveto summon the parties to the hearing, provided its decision and the reasonsthereof are communicated to all the parties.

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

Rule 40Conditions for Admissibility of ApplicationsPursuant to the provisions of article 56 of the Charter to which article 6(2) ofthe Protocol refers, applications to the Court shall comply with the followingconditions:1. disclose the identity of the Applicant notwithstanding the latter’srequest for anonymity;2. comply with the Constitutive Act of the Union and the Charter ;3. not contain any disparaging or insulting language;4. not be based exclusively on news disseminated through the massmedia;5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;6. be filed within a reasonable time from the date local remedies wereexhausted or from the date set by the Court as being thecommencement of the time limit within which it shall be seized withthe matter; and 277. not raise any mater or issues previously settled by the parties inaccordance with the principles of the Charter of the United Nations,the Constitutive Act of the African Union, the provisions of the Charteror of any legal instrument of the African Union.

Rules of Procedure

African Charter on Human and Peoples' Rights

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Rules of Court (African Court on Human and People's Rights)

1. Pursuant to the Protocol, the Court shall have jurisdiction:a) to deal with all cases and all disputes submitted to it concerninginterpretation and application of the Charter, the Protocol and any otherrelevant human rights instrument ratified by the States concerned;

Rules of Procedure

African Charter on Human and Peoples' Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

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.

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)

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

Rules of Court (African Court on Human and People's Rights)

Rule 45Measures for Taking Evidence1. The Court may, of its own accord, or at the request of a party, or therepresentatives of the Commission, where applicable, obtainany evidencewhich in its opinion may provide clarification of the facts of a case. TheCourt may,inter alia, decide to hear as a witness or expert or in any othercapacity any person whose evidence, assertions or statements it deemslikely to assist it in carrying out its task.

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

5. The Court shall rule on any challenge arising from an objection to awitness or expert.

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

1. The Court may, of its own accord, or at the request of a party, or therepresentatives of the Commission, where applicable, obtainany evidencewhich in its opinion may provide clarification of the facts of a case. TheCourt may,inter alia, decide to hear as a witness or expert or in any othercapacity any person whose evidence, assertions or statements it deemslikely to assist it in carrying out its task.

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

Rules of Court (African Court on Human and People's Rights)

Rule 26Jurisdiction1. Pursuant to the Protocol, the Court shall have jurisdiction:a) to deal with all cases and all disputes submitted to it concerninginterpretation and application of the Charter, the Protocol and any otherrelevant human rights instrument ratified by the States concerned;b) to render an advisory opinion on any legal matter relating to the Charteror any other relevant human rights instruments, provided that the subjectof the opinion is not related to a matter being examined by the Commission;c) to promote amicable settlement in cases pending before it in accordancewith the provisions of the Charter;d) to interpret a judgment rendered by itself; ande) to review its own judgment in light of new evidence in conformity withRule 67 of these Rules.2. In the event of a dispute as to whether the Court has jurisdiction, theCourt shall decide.

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

2. comply with the Constitutive Act of the Union and the Charter ;

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

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

African Charter on Human and Peoples' Rights

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained. 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

African Charter on Human and Peoples' Rights

Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained. 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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

3 14Article 511.The Commission may ask the States concerned to provide it with all relevant information. 2.When the Commission is considering the matter, States concerned may be represented before it and submit written or oral representation. Article 52After having obtained from the States concerned and from other sources all the information it deems necessary and after having tried all appropriate means to reach an amicable solution based on the respect of Human and Peoples' Rights, the Commission shall prepare, within a reasonable period of time from the notification referred to in 48, a report stating the facts and its findings. This report shall be sent to the States concerned and communicated to the Assembly of Heads of State and Government. Article 53While transmitting its report, the Commission may make to the Assembly of Heads of State and Government such recommendations as it deems useful. Article 54The Commission shall submit to each ordinary Session of the Assembly of Heads of State and Government a report on its activities. Other CommunicationsArticle 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide.

Treaty

African Charter on Human and Peoples' Rights

2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

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.

Treaty

Constitutive Act of the African Union

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

Rules of Court (African Court on Human and People's Rights)

4. The application shall specify the alleged violation, evidence of exhaustionof local remedies or of the inordinate delay of such local remedies as well asthe orders or the injunctions sought. All applications filed by individualsand Non-Governmental Organizations shall meet the other admissibilityconditions as set out in article 56 of the Charter and Rule 40 of these Rules.

Rules of Procedure

African Charter on Human and Peoples' Rights

Treaty

001/2017 – Alfred Agbes Woyome v. Ghana

Application No.003/2012. Ruling of 28/03/2014 (Admissibility), Peter Joseph Chacha v. United Republic of Tanzania (hereinafter referred to as “Peter Joseph Chacha v. Tanzania Judgment (admissibility)”), § 142.

AfCHPR Decision

299/05 Anuak Justice Council v Ethiopia

ACHPR Decision

African Charter on Human and Peoples' Rights

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

009/2011 - 011/2011 Tanganyika Law Society & The Legal and Human Rights Centre v Tanzania, & Reverend Christopher Mtikila v Tanzania - Judgment

AfCHPR Decision

09/11-11/11 Tanganyika Law Society, Legal and Human Rights Centre & Rev C Mtikila v Tanzania - Order

AfCHPR Decision

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.

Treaty

Rules of Court (African Court on Human and People's Rights)

2. comply with the Constitutive Act of the Union and the Charter ;

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.

Treaty

African Charter on Human and Peoples' Rights

2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.

Treaty

African Charter on Human and Peoples' Rights

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

Rules of Court (African Court on Human and People's Rights)

5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

Unless otherwise decided by the Court, each party shall bear its own costs.

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

7. If the judgment of the court does not represent, in whole or in part, the unanimous decision of the judges, any judge shall beentitled to deliver a separate or dissenting opinion.

Treaty

Rules of Court (African Court on Human and People's Rights)

5. Any Member of the Court who heard the case may deliver a separate ordissenting opinion.

Rules of Procedure

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