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011/2016 & 012/2016 - Chacha Wambura & Mang’azi Mkama v. Tanzania

AfCHPR Matter

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I. THE PARTIES5
II. SUBJECT OF THE APPLICATION5
A. Facts of the matter5
B. Alleged violations7
III. SUMMARY OF THE PROCEDURE BEFORE THE COURT7
IV. PRAYERS OF THE PARTIES8
V. JURISDICTION10
A. Objections to material jurisdiction11
B. Other Aspects of Jurisdiction12
VI. ADMISSIBILITY14
A. Objection based on non-exhaustion of local remedies15
B. Objection based on the failure to file the Application within a reasonable time18
C. Other admissibility requirements21
VII. MERITS22
A. Alleged violation of the right to a fair trial23
i. Allegation that the conviction and sentence were based on unreliable evidence23
ii. Allegation that the defence of alibi was not properly considered27
iii. Alleged violation of the right to free legal assistance28
iv. Alleged violation of the right to be tried within a reasonable time31
v. Allegation that the conviction and sentence was based on unclear domestic law32
B. Alleged violation of the right to non-discrimination35
VIII. REPARATIONS36
A. Pecuniary reparations38
i. Material prejudice38
ii. Moral prejudice38
B. Non-Pecuniary Reparations39
IX. COSTS41
X. OPERATIVE PART41

011/2016 & 012/2016 - Chacha Wambura & Mang’azi Mkama v. Tanzania

AfCHPR Matter

Keywords

Freedom from Discrimination
Right to be Heard before a Competent Court
Right to Fair Trial

Country

Tanzania

ACHPR Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 7.1: Right to be Heard
ACHPR 2: Freedom from Discrimination
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
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 7.2 : Legal Offense without Retrospection

ACHPR Rights Not Violated

ACHPR 7: Right to Fair Trial
ACHPR 2: Freedom from Discrimination
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
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 7.2 : Legal Offense without Retrospection

Outcome

Decided on Merits

Duration of Procedure: Feb 26, 2016 ~ Sep 5, 2023

Country Geolocation

Latitude: -6.369028

Longitude: 34.888822

Country Geolocation (linked AfCHPR Matter): Tanzania

Primary Documents

CHACHA WAMBURA AND MANG’AZI MKAMA Eng.pdf
english
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CHACHA WAMBURA AND MANG’AZI MKAMA Ar.pdf
arabic
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CHACHA WAMBURA AND MANG’AZI MKAMA Fr.pdf
french
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CHACHA WAMBURA AND MANG’AZI MKAMA Pt.pdf
portuguese
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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.

Treaty

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

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. Article 8

Treaty

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

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

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

Treaty

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

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

Treaty

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

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

Rules of Procedure

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

Treaty

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

. 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. Article 8

Treaty

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

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

Treaty

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

Treaty

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

Article 27 FINDINGS1. If the Court finds that there has been violation of a human or peoples’ rights, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation. 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 (Banjul Charter)

Treaty

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

Treaty

Location1
- Countries (Geolocation) 1
Treaties and softlaw only13
- Treaty12
- Rules of Procedure1

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