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0002e1 Stella l. ANUKAM, Judge; and Robert ENO, Registrar Done at Arusha, this Twenty Eighth Day of March in the year Two Thousand Nineteen, in English and French, the English text being authoritative q$ $UMAI{ 4 NO oRorIs st- 22 and

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053/2016 - Oscar Josiah v. Tanzania

AfCHPR Decision

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Type of Document

Judgement

Keywords

Equality Before the Law
Murder/Assassination
Right to Fair Trial

Case Headnotes: lt emerges from the file that the Applicant, Oscar Josiah and his wife, were married in 201 1 and were living together at Chankila village in the North West of Tanzania. At the time of their marriage, the Applicant's wife was pregnant by another man but apparently, the Applicant did not have any problem with this situation. The couple stayed together until 2 July 2012 when the wife gave birth to a child. On the same day, it is alleged that the baby died of unnatural causes after having been abandoned in the bush. A subsequent post-mortem medical examination revealed that the cause of the death was Hypoglycemia (lack of sugar in the blood) and Hypothermia (lack of bodily warmth). The Applicant and his wife were later charged with the offence of murder, the High Court acquitted the wife but convicted the Applicant and sentenced him to death. The Applicant subsequently appealed to the Court of Appeal of Tanzania, but the Court dismissed his appeal for lack of merit, in its judgment delivered on 25 February 2016.

Country

Tanzania

Outcome

Decided on Merits

Year Decided: Mar 28, 2019

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 3.1: Equality before the law
ACHPR 3.2: Equal protection of the law
ACHPR 7.1.c: Right to Defence

Rights Violated (ACHPR Provisions)

ACHPR 3.1: Equality before the law
ACHPR 3.2: Equal protection of the law
ACHPR 7.1.c: Right to Defence

Duration of Procedure: Nov 2, 2016 ~ Mar 28, 2019

Country Geolocation

Latitude: -6.369028

Longitude: 34.888822

Country Geolocation (linked AfCHPR Decision): Tanzania

Primary Documents

App. No 053-2016 - Oscar Josiah v United Republic of Tanzania.pdf
English
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Requête no 053-2016 - Oscar Josiah c. République Unie de Tanzanie.pdf
French
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African Human Rights CLA 2.0

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053/2016 - Oscar Josiah v. Tanzania

Primary Documents

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