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and Rob,rt ENO, R,gi,',,,. ~ In accordance with Article 28(7) of the Protocol and Rule 60(5) of the Rules, the Separate Opinion of Justice Chafika BENSAOULA is attached to this Judgment. Done at Tunis, this Seventh Day of December, in the year Two Thousand and Eighteen, in English and French, the English text being authoritative. 52 p---

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001/2015 Armand Guehi v. Tanzania

AfCHPR Decision

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Type of Document

Judgement

Keywords

Death Sentence
Freedom from Discrimination
Murder/Assassination
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Property

Case Headnotes: The Applicant moved to Tanzania on 1 May 2004 as a dependent of his wife, an Ivorian citizen, then working for the International Criminal Tribunal for Rwanda (herein after referred to as "ICTR"). The Applicant was also undertaking an internship at the ICTR. On 6 October 2005, the Applicant was arrested by security officers of the ICTR in connection with his wife's disappearance. He was handed over to local police and detained. On 18 October 2005, he was charged with the murder of his wife before the High Court of Tanzania at Moshi. On 30 March 2010, he was found guilty, convicted and sentenced to death. He appealed to the Court of Appeal of Tanzania, which on 28 February 2014, dismissed the appeal. On 15 April 2014, the Applicant filed a notice of motion for review of the Court of Appeal's decision. On 6 January 2015, while the request for review awaited hearing in the Court of Appeal, the Applicant filed an Application before the African Court alleging that several of his rights were violated in the course of the domestic proceedings.

Country

Tanzania

Outcome

Decided on Merits

Year Decided: Dec 7, 2018

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 14: Right to Property
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

Rights Violated (ACHPR Provisions)

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

Rights Not Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 14: Right to Property
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 7.1.c: Right to Defence

Duration of Procedure: Jan 6, 2015 ~ Dec 7, 2018

Country Geolocation

Latitude: -6.369028

Longitude: 34.888822

Country Geolocation (linked AfCHPR Decision): Tanzania

Primary Documents

001-2015 - Armand Guehi v. United Republic of Tanzania.pdf
English
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001-2015 - Armand Guehi c. République Unie de Tanzanie.pdf
French
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African Human Rights CLA 2.0

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001/2015 Armand Guehi v. Tanzania

Primary Documents

001/2017 – Alfred Agbes Woyome v. Ghana

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