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UNION AFRICAINE AFRICAN UNION ~J'i' .ll..::....l"":t' UNIAO AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS COUR AFRICAINE DES DROITS DE L'HOMME ET DES PEUPLES IN THE MATTER OF COSMA FAUSTIN v. THE UNITED REPUBLIC OF TANZANIA APPLICATION N0.018/2016

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Subject of the Application2
Procedure Before the Court 3
Jurisdiction 4
On the Provisional Measures 5
For These Reasons6

18/16 Cosma Faustin v Tanzania

AfCHPR Decision

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Type of Document

Order

Keywords

Arbitrary Arrest and Detention
Right to Life

Country

Tanzania

Outcome

Order of Provisional Measures

Year Decided: Jun 3, 2016

Rights Alleged to be Violated (ACHPR Provisions)

None Indicated

Rights Violated (ACHPR Provisions)

None Indicated

Rights Not Violated (ACHPR Provisions)

None Indicated

Duration of Procedure: Mar 22, 2016 ~ Jun 3, 2016

Country Geolocation

Latitude: -6.369028

Longitude: 34.888822

Country Geolocation (linked AfCHPR Decision): Tanzania

Primary Documents

18_16 Cosma Faustin v Tanzania.pdf
English
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Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 22 EXCLUSIONIf the judge is a national of any State which is a party to a case submitted to the Court, that judge shall not hear the case.

Treaty

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

2. In accordance with article 22 of the Protocol, any Member of the Courtwho is a national of a State that is party to a case shall abstain fromhearing that case.

Rules of Procedure

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

Rule 36Registration and Transmission of Pleadings1. All pleadings received by the Registrar shall be registered and a copythereof transmitted to the other party.2. The Registrar shall acknowledge receipt of all such pleadings.

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

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.2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.

Treaty

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

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

Treaty

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

3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

Treaty

African Charter on Human and Peoples' Rights

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

Treaty

African Charter on Human and Peoples' Rights

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

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

2. In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the Court shall adopt such provisional measures as it deems necessary.

Treaty

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

Rules of Procedure

African Charter on Human and Peoples' Rights

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

Treaty

African Charter on Human and Peoples' Rights

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

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

2. In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the Court shall adopt such provisional measures as it deems necessary.

Treaty

African Charter on Human and Peoples' Rights

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

African Charter on Human and Peoples' Rights

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

Treaty

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

2. In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the Court shall adopt such provisional measures as it deems necessary.

Treaty

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

Rule 51Interim Measures1. Pursuant to article 27(2) of the Protocol, the Court may, at the request ofa party, the Commission or on its own accord, prescribe to the parties anyinterim measure which it deems necessary to adopt in the interest of theparties or of justice.2. In case of extreme urgency, the President may convene an extraordinarysession of the Court to decide on measures to be taken. He/she may, in thisregard, and by all reliable means, enlist the views of the Members notpresent.3.The Court shall duly notify the parties to the case, the Commission, theAssembly, the Executive Council and the African Union Commission of theaforesaid interim measures.4. In the Annual Report submitted by the Court to the Assembly pursuantto article 31 of the Protocol, the Court shall disclose the interim measures itordered during the period under review. In the event of non-compliance withthese measures by the State 32concerned, the Court shall make all suchrecommendations as it deems appropriate.5. The Court may invite the parties to provide it with information on anyissue relating to implementation of the interim measures adopted by it.

Rules of Procedure

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- Rules of Procedure4
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- Countries (Geolocation) 1

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