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Suzanne MENGUE, Judge; Tujilane R. CHIZUMILA, Judge; Chafika BENSAOULA, Judge; Stella I. ANUKAM, Judge; Dumisa B. NTSEBEZA, Judge; Modibo SACKO, Judge; Dennis D. ADJEI, Judge; and Robert ENO, Registrar. ln accordance with Article 28(7) of the Protocol and Rule 70(1) of the Rules, the Separate Opinion of Justice Blaise Tchikaya is appended to this Judgment. Done at Arusha, this 1st Day of December in the Year Two Thousand and Twenty-Two in English and French, the English text being authoritative. 54

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I. THE PARTIES5
II. SUBJECT OF THE APPLICATION6
A. Facts of the matter6
B. Alleged violations6
III. SUMMARY OF THE PROCEDURE BEFORE THE COURT7
IV. PRAYERS OF THE PARTIES8
V. JURISDICTION10
A. Objection to material jurisdiction11
B. Other aspects of jurisdiction13
VI. ADMISSIBILITY14
A. Objection based on failure to file the Application within a reasonable time15
VII. MERITS20
A. Alleged violation of the right to life21
i. Imposition of the death penalty21
B. Alleged violation of the right to dignity26
C. Alleged violation of the right to a fair trial30
D. Alleged violation of Article 1 of the Charter41
VIII. REPARATIONS42
A. Pecuniary reparations44
i. Material prejudice44
B. Non-pecuniary reparations48
IX. COSTS53
X. OPERATIVE PART54
On admissibility54
On merits54
On Costs56

012/2019 - Ghati Mwita v. Tanzania

AfCHPR Matter

Keywords

Cruel and Degrading Treatment
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Life

Country

Tanzania

ACHPR Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 7.1: Right to be Heard
ACHPR 1: General Obligations
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
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 an impartial Court

ACHPR Rights Violated

ACHPR 1: General Obligations
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court

ACHPR Rights Not Violated

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

Outcome

Decided on Merits

Duration of Procedure: Apr 24, 2019 ~ Dec 1, 2022

Country Geolocation

Latitude: -6.369028

Longitude: 34.888822

Country Geolocation (linked AfCHPR Matter): Tanzania

Primary Documents

Application 012-2019 - Ghati Mwita v. United Republic of Tanzania.pdf
English
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Application 012-2019 - Ghati Mwita v. United Republic of Tanzania Fr.pdf
French
ML TOC
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African Charter on Human and Peoples' Rights (Banjul Charter)

Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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.

Treaty

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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

Treaty

2020 Revised Rules of Court (African Court on Human and People's Rights)

f) Are submitted within a reasonable time from the date local remedies were exhausted or from the date set by the Court as being the commencement of the time limit within which it shall be seised with the matter;

Rules of Procedure

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

2020 Revised Rules of Court (African Court on Human and People's Rights)

The Court shall conduct preliminary examination of its jurisdiction and the admissibility of an Application in accordance with the Charter, the Protocol and these Rules

Rules of Procedure

2020 Revised Rules of Court (African Court on Human and People's Rights)

Applications filed before the Court shall comply with all of the following conditions: a) Indicate their authors even if the latter request anonymity; b) Are compatible with the Constitutive Act of the African Union and with the Charter; c) Are not written in disparaging or insulting language directed against the State concerned and its institutions or the African Union; d) Are not based exclusively on news disseminated through the mass media; e) Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged; f) Are submitted within a reasonable time from the date local remedies were exhausted or from the date set by the Court as being the commencement of the time limit within which it shall be seised with the matter; and g) Do not deal with cases which have been settled by those States involved in accordance with the principles of the Charter of the United Nations, or the Constitutive Act of African Union or the provisions of the Charter.

Rules of Procedure

African Charter on Human and Peoples' Rights (Banjul Charter)

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

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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

Treaty

Location1
- Countries (Geolocation) 1
Treaties and softlaw only24
- Treaty21
- Rules of Procedure3

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