Library • African Human Rights CLA 2.0

005/2015 – Thobias Mango & Anor v. Tanzania

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Type of Document

Judgement

Keywords

Arbitrary Arrest and Detention
Right to be Heard before a Competent Court
Right to Fair Trial

Case Headnotes: Thobias Mang’ara Mango and Mr. Shukurani Masegenya Mango (both citizens of the United Republic of Tanzania) allege a violation of their rights following their arrest, detention and the manner in which their various cases were treated before the domestic courts of the Respondent State in relation to the charges and conviction for armed robbery against them.

Country

Tanzania

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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002/2014 – Faustin Uwintije v. Rwanda

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Type of Document

Order

Keywords

Admissibility
AfCHPR Procedure

Case Headnotes: This is an order informing the applicant that the said application does not meet the requirements under Rule 34 of the Rules of the Court and as such, it cannot be entertained by the Court.

Country

Rwanda

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Rwanda: 1° 56′ 25″ S, 29° 52′ 26″ E

AfCHPR Decision

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002/2017 - Mohamed Abubakari v. Tanzania

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Type of Document

Interpretation of Ruling/Judgment
Judgement

Keywords

Interpretation of Judgement
Right to Fair Trial

Case Headnotes: This is an application for interpretation of the Judgment rendered by the Court on 3 June 2016 in the Matter of Mohamed Abubakari v. The United Republic of Tanzania (Application 007/2013),

Country

Tanzania

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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003/2017 - Actions pour la Protection des Droits de l'Homme v. Cote D'Ivoire

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Type of Document

Interpretation of Ruling/Judgment

Keywords

Elections / Referendums
Equality Before the Law
Interpretation of Judgement
Participation in Government
Transitional Justice

Case Headnotes: This is an Application for Interpretation of the Judgment of 18 November 20 16 in the Matter of Actions Pour la Protection des Droits de L'Homme v. Republic of Cote d' Ivoire

Country

Côte d'Ivoire

Rights Violated (ACHPR Provisions)

ACHPR 13.2: Right of equal access to the public service of the country
ACHPR 13.3: Right of access to public property and services
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law

Country Geolocation: Côte d'Ivoire: 7° 32′ 24″ N, 5° 32′ 49″ W

AfCHPR Decision

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011/2011 Reverend Christopher R. Mtikila v Tanzania - Ruling on Reparation

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Type of Document

Ruling

Keywords

Reparations / Remedies

Case Headnotes: This is an Application for compensation and reparations pursuant to the Court's judgment of 14 June 2013 on Consolidated Applications Nos. 009/2011 and 011/2011. In the instant Application, the Court held that the Applicant's claims for pecuniary damages and legal costs were not proved and therefore, dismissed.

Country

Tanzania

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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004/2011 – African Commission on Human and Peoples’ Rights v. Great Socialist People’s Libyan Arab Jamahiriya

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Type of Document

Order

Keywords

Serious and Massive Violation of Human Rights

Case Headnotes: This is an application against the Great Socialist People’s Libyan Arab Jamahiriya (Libya) alleging serious and massive human Rights violations guaranteed under the African Charter on Human and Peoples' Rights

Country

Libya

Country Geolocation: Libya: 32° 33′ 21″ N, 13° 16′ 48″ E

AfCHPR Decision

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001/2017 – Alex Thomas v. Tanzania

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Type of Document

Interpretation of Ruling/Judgment
Judgement

Keywords

Interpretation of Judgement
Right to Fair Trial

Case Headnotes: The United Republic of Tanzania filed, pursuant to Article 28(4) of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights for interpretation of the Judgment rendered on 20 November 2015 in the case of Alex Thomas V. United Republic of Tanzania. The United Republic of Tanzania also filed, pursuant to Practice Direction No.38 of the Practice Directions of the Court, an application for extension of time to filed the Application for interpretation of the Judgment.

Country

Tanzania

Rights Violated (ACHPR Provisions)

ACHPR 7.1: Right to be Heard
ACHPR 1: General Obligations
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

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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Request for Advisory Opinion No.001 2013 Socio Economic Rights and Accountability Project (SERAP) ENGLISH (2) (1)

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Type of Document

Advisory Opinion

Keywords

Amicus curiae
Jurisdiction
Relationship between AU Mechanisms

Case Headnotes: The request for Advisory opinion is submitted by the Socio Economic Rights and Accountability Project on the basis of clarifying whether the organization is recognized by the AU. SERAP argues it should be recognized by the African Union on the basis that is an African organization that is registered in Nigeria. SERAP also argues that due to its observer status with the African Commission it has the competence to request an opinion relating to any question within the scope of the ACFPR. But since SERAP doesn’t have a memorandum of understanding with the African union, it isn’t entitled to bring a request for advisory opinion before the court. The Court couldn’t give an opinion on the request due to not having personal jurisdiction.

Country

Nigeria

Country Geolocation: Nigeria: 9° 4′ 55″ N, 8° 40′ 31″ E

AfCHPR Decision

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016/2016 - Diocles William v. Tanzania

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Type of Document

Judgement

Keywords

Equality Before the Law
Rape
Right to be Heard before a Competent Court

Case Headnotes: The record before the Court indicates that on 11 July 2010, at around 16:00hours, at Mbale Village, Missenyi District in Kagera Region, the Applicant who was twenty-two (22) years old at the time, allegedly raped a minor aged twelve (12) years.

Country

Tanzania

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 7.1.c: Right to Defence

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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013/2017 - Sébastien Germain Ajavon v. Benin (Judgment on reparations)

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Type of Document

Judgement

Keywords

Equality Before the Law
Functioning and Independence of the Judiciary
Reparations / Remedies
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Property

Case Headnotes: The Gendarmerie (para-military force) of the Autonomous Port of Cotonou and the Benin Customs Department received warnings from the Intelligence and Documentation Services at the Office of the President of the Republic about the presence of a huge quantity of cocaine in a container of frozen goods imported by the company-Comptoir Mondialde Neqoce (COMON SA) of which the Applicant is the Chief Executive Officer. Based on this information, a judicial inquiry was, on 28 October2016, instituted against the Applicant and three of his employees for the trafficking of eighteen (18kgs) of pure cocaine.

Country

Benin

Rights Violated (ACHPR Provisions)

ACHPR 14: Right to Property
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 5: Cruel Inhuman and Degrading Treatment
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

Country Geolocation: Benin: 9° 18′ 28″ N, 2° 18′ 57″ E

AfCHPR Decision

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013/2017 - Sébastien Germain Ajavon v. Benin (Dissenting Opinion of Justice Chafika Bensaoula)

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Type of Document

Dissenting Opinion

Keywords

Equality Before the Law
Functioning and Independence of the Judiciary
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Property

Case Headnotes: The Gendarmerie (para-military force) of the Autonomous Port of Cotonou and the Benin Customs Department received warnings from the Intelligence and Documentation Services at the Office of the President of the Republic about the presence of a huge quantity of cocaine in a container of frozen goods imported by the company-Comptoir Mondialde Neqoce (COMON SA) of which the Applicant is the Chief Executive Officer. Based on this information, a judicial inquiry was, on 28 October2016, instituted against the Applicant and three of his employees for the trafficking of eighteen (18kgs) of pure cocaine.

Country

Benin

Rights Violated (ACHPR Provisions)

ACHPR 14: Right to Property
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 5: Cruel Inhuman and Degrading Treatment
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

Country Geolocation: Benin: 9° 18′ 28″ N, 2° 18′ 57″ E

AfCHPR Decision

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013/2017 - Sébastien Germain Ajavon v. Benin (Separate Opinion of Judge Gerard NIYUNGEKO)

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Type of Document

Separate Opinion

Keywords

Equality Before the Law
Functioning and Independence of the Judiciary
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Property

Case Headnotes: The Gendarmerie (para-military force) of the Autonomous Port of Cotonou and the Benin Customs Department received warnings from the Intelligence and Documentation Services at the Office of the President of the Republic about the presence of a huge quantity of cocaine in a container of frozen goods imported by the company-Comptoir Mondialde Neqoce (COMON SA) of which the Applicant is the Chief Executive Officer. Based on this information, a judicial inquiry was, on 28 October2016, instituted against the Applicant and three of his employees for the trafficking of eighteen (18kgs) of pure cocaine.

Country

Benin

Rights Violated (ACHPR Provisions)

ACHPR 14: Right to Property
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 5: Cruel Inhuman and Degrading Treatment
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

Country Geolocation: Benin: 9° 18′ 28″ N, 2° 18′ 57″ E

AfCHPR Decision

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013/2017 - Sébastien Germain Ajavon v. Benin

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Type of Document

Judgement

Keywords

Equality Before the Law
Functioning and Independence of the Judiciary
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Property

Case Headnotes: The Gendarmerie (para-military force) of the Autonomous Port of Cotonou and the Benin Customs Department received warnings from the Intelligence and Documentation Services at the Office of the President of the Republic about the presence of a huge quantity of cocaine in a container of frozen goods imported by the company-Comptoir Mondialde Neqoce (COMON SA) of which the Applicant is the Chief Executive Officer. Based on this information, a judicial inquiry was, on 28 October2016, instituted against the Applicant and three of his employees for the trafficking of eighteen (18kgs) of pure cocaine.

Country

Benin

Rights Violated (ACHPR Provisions)

ACHPR 14: Right to Property
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 5: Cruel Inhuman and Degrading Treatment
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

Country Geolocation: Benin: 9° 18′ 28″ N, 2° 18′ 57″ E

AfCHPR Decision

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013/2017 - Sébastien Germain Ajavon v. Benin (Dissenting opinion by Judge Gerard Niyungeko on Judgment on Reparation)

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Type of Document

Dissenting Opinion

Keywords

Equality Before the Law
Functioning and Independence of the Judiciary
Reparations / Remedies
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Property

Case Headnotes: The Gendarmerie (para-military force) of the Autonomous Port of Cotonou and the Benin Customs Department received warnings from the Intelligence and Documentation Services at the Office of the President of the Republic about the presence of a huge quantity of cocaine in a container of frozen goods imported by the company-Comptoir Mondialde Neqoce (COMON SA) of which the Applicant is the Chief Executive Officer. Based on this information, a judicial inquiry was, on 28 October2016, instituted against the Applicant and three of his employees for the trafficking of eighteen (18kgs) of pure cocaine.

Country

Benin

Rights Violated (ACHPR Provisions)

ACHPR 14: Right to Property
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 5: Cruel Inhuman and Degrading Treatment
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

Country Geolocation: Benin: 9° 18′ 28″ N, 2° 18′ 57″ E

AfCHPR Decision

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013/2017 - Sébastien Germain Ajavon v. Benin (Order for provisional maesures)

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Type of Document

Order for Provisional Measures

Keywords

Equality Before the Law
Functioning and Independence of the Judiciary
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Property

Case Headnotes: The Gendarmerie (para-military force) of the Autonomous Port of Cotonou and the Benin Customs Department received warnings from the Intelligence and Documentation Services at the Office of the President of the Republic about the presence of a huge quantity of cocaine in a container of frozen goods imported by the company-Comptoir Mondialde Neqoce (COMON SA) of which the Applicant is the Chief Executive Officer. Based on this information, a judicial inquiry was, on 28 October2016, instituted against the Applicant and three of his employees for the trafficking of eighteen (18kgs) of pure cocaine.

Country

Benin

Rights Violated (ACHPR Provisions)

ACHPR 14: Right to Property
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 5: Cruel Inhuman and Degrading Treatment
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

Country Geolocation: Benin: 9° 18′ 28″ N, 2° 18′ 57″ E

AfCHPR Decision

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020/2016 - Anaclet Paulo v. Tanzania

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Type of Document

Judgement

Keywords

Equality Before the Law
Freedom from Discrimination
Right to be Heard before a Competent Court
Right to Fair Trial

Case Headnotes: The file record indicates that on the night of 28 July 1997, four individuals forced their way into the home of a certain Benjamin Mhaya Simon, in the village oflzingo Nshamba; and after tying up the latter and his wife, they made away with a sum of Eight Hundred Thousand Tanzania Shillings (TZS 800,000), a radio cassette player, five trousers, two wrist watches and three pairs of loin cloth. On the same night, the Applicant and three other individuals were arrested by the Police and charged with the offence of armed robbery with violence.

Country

Tanzania

Rights Violated (ACHPR Provisions)

ACHPR 7.1.c: Right to Defence

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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006/2016 - Mgosi Mwita Makungu v. Tanzania

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Type of Document

Judgement

Keywords

Armed Robbery Allegations
Equality Before the Law
Freedom from Discrimination
Right to Fair Trial

Case Headnotes: The claim arises from the Respondent State’s alleged failure to provide the Applicant with certified true copies of the records of proceedings and judgments of the Criminal Case where he was charged with the offence of robbery with violence, and convicted and sentenced to fifteen (15) years imprisonment on 15 April 1996.

Country

Tanzania

Rights Violated (ACHPR Provisions)

ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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006/2016 - Mgosi Mwita Makungu v. Tanzania (lndividual Opinion of Justice Blaise Tchikaya)

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Type of Document

Individual Opinion

Keywords

Armed Robbery Allegations
Equality Before the Law
Freedom from Discrimination
Right to Fair Trial

Case Headnotes: The claim arises from the Respondent State’s alleged failure to provide the Applicant with certified true copies of the records of proceedings and judgments of the Criminal Case where he was charged with the offence of robbery with violence, and convicted and sentenced to fifteen (15) years imprisonment on 15 April 1996.

Country

Tanzania

Rights Violated (ACHPR Provisions)

ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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044/2019 - Suy Bi Gohore Emile & 8 Ors v. Côte d’Ivoire

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Type of Document

Judgement

Keywords

Elections / Referendums

Case Headnotes: The case concerns a reform process of the country’s Independent Electoral Commission that gave rise to a new law on its composition. The applicants aver that the said new law is in contravention of the Respondent State's Constitution.

Country

Côte d'Ivoire

Country Geolocation: Côte d'Ivoire: 7° 32′ 24″ N, 5° 32′ 49″ W

AfCHPR Decision

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006/2011 – Association des Juristes d’Afrique pour la Bonne Gouvernance v. Republic of Cote d’ Ivoire

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Freedom from Discrimination
Jurisdiction
Right to Life

Case Headnotes: the Association Juristes d 'Afrique pour Ia bonne gouvernance , with headquarters in Douala (Cameroon), through Barrister Kack Kack Serge Simon, Executive President and Lawyer with the Cameroon Bar Association, resident in Douala, submitted a complaint to the Court against the Republic of Cote d'lvoire, for violation of Articles 2, 4, 5 and 6 of the African Charter on Human and Peoples' Rights.

Country

Côte d'Ivoire

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Côte d'Ivoire: 7° 32′ 24″ N, 5° 32′ 49″ W

AfCHPR Decision

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040/2016 - Mariam Kouma & Ousmane Diabaté v. Mali

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Type of Document

Judgement

Keywords

Administration of Justice
Right to Dignity
Right to Fair Trial
Right to Health
Torture and Ill Treatment

Case Headnotes: The Application was filed by APDF and IHRDA on behalf of Mariam Kouma, amerchant in Bamako, and her son Ousmane Diabat6, and invokes the violation ofthe Applicants' right to a fair trial by the Respondent state.

Country

Mali

Country Geolocation: Mali: 17° 34′ 14″ N, 3° 59′ 46″ W

AfCHPR Decision

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032/2015 – Kijiji Isiaga v. Tanzania

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Type of Document

Judgement

Keywords

Armed Robbery Allegations
Domestic/National Laws
Equality Before the Law
Freedom from Discrimination
Right to Fair Trial

Case Headnotes: The Application relates to violations allegedly arising from a domestic procedure at the end of which the Applicant was sentenced to thirty (30) years of imprisonment with twelve strokes of the cane for inflicting bodily harm and aggravated robbery.

Country

Tanzania

Rights Violated (ACHPR Provisions)

ACHPR 7.1.c: Right to Defence

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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024/2015 – Werema Wangoko Werema & Anor v. Tanzania

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Type of Document

Judgement

Keywords

Armed Robbery Allegations
Equality Before the Law
Freedom from Discrimination
Right to Fair Trial

Case Headnotes: The Application relates to alleged human rights violations stemming from convictions and sentences of thirty (30) years' imprisonment and twelve (12) strokes of the cane each imposed on the Applicants for the crime of armed robbery. The Applicants are currently serving their sentence in Butimba Central Prison, Mwanza, Tanzania.

Country

Tanzania

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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024/2015 - Werema Wangoko Werema & Anor v. Tanzania (Joint Individual Opinions of Judges Ben Kioko & Tujilane Chizumila)

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Type of Document

Individual Opinion
Joint Declaration of Judges

Keywords

Armed Robbery Allegations
Equality Before the Law
Freedom from Discrimination
Right to Fair Trial

Case Headnotes: The Application relates to alleged human rights violations stemming from convictions and sentences of thirty (30) years' imprisonment and twelve (12) strokes of the cane each imposed on the Applicants for the crime of armed robbery. The Applicants are currently serving their sentence in Butimba Central Prison, Mwanza, Tanzania.

Country

Tanzania

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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024/2015 - Werema Wangoko Werema & Anor v. Tanzania (Dissenting Opinion of Judge Blaise Tchikaya)

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Type of Document

Dissenting Opinion

Keywords

Armed Robbery Allegations
Equality Before the Law
Freedom from Discrimination
Right to Fair Trial

Case Headnotes: The Application relates to alleged human rights violations stemming from convictions and sentences of thirty (30) years' imprisonment and twelve (12) strokes of the cane each imposed on the Applicants for the crime of armed robbery. The Applicants are currently serving their sentence in Butimba Central Prison, Mwanza, Tanzania.

Country

Tanzania

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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003/2015 – Kennedy Owino Onyachi and Others v. United Republic of Tanzania

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Type of Document

Judgement

Keywords

Arbitrary Arrest and Detention
Domestic/National Laws
Extradition
False Imprisonment
Right to be Heard before a Competent Court

Case Headnotes: The Applicants, Mr.Kennedy Owino Onyachi and Mr. Charles John Mwaniki Njoka, are citizens of the Republic of Kenya. They are convicted prisoners who are currently serving a sentence of thirty (30) years 'imprisonment for the crime of aggravated robbery at the Ukonga Central Prison in Dares Salaam, United Republic of Tanzania.

Country

Tanzania

Rights Violated (ACHPR Provisions)

ACHPR 7.1: Right to be Heard
ACHPR 1: General Obligations
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.c: Right to Defence

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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006-2015 Mr Nguza Viking & Mr Johnson Nguza v United Republic of Tanzania

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Type of Document

Judgement

Keywords

Arbitrary Arrest and Detention
Rape

Case Headnotes: The Applicants, Mr. Nguza Viking and Mr. Johnson Nguza are citizens of the Democratic Republic of Congo and lived and worked as musicians in Dar es Salaam, Tanzania. The second Applicant (Johnson Nguza) is the first Applicant’s (Nguza Viking) biological son. All applicants were arrested on 12th day of October, 2003 and transferred to the Magomeni Police Station. The Applicants and another person (later known as a teacher) were arraigned before the Resident Magistrate Court of Kisutu (Dar es Salaam) on 16th day of October, 2003 and were charged with 10 counts of rape and 11 counts of sodomy.

Country

Tanzania

Rights Violated (ACHPR Provisions)

ACHPR 7.1.c: Right to Defence

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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015/2015 – Godfrey Antony and Another v. United Republic of Tanzania

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Type of Document

Ruling

Keywords

Armed Robbery Allegations
Cruel and Degrading Treatment
Equality Before the Law
Reasonable Period of Time
Right to be Heard before a Competent Court
Right to Fair Trial

Case Headnotes: The Applicants were charged before the Songea District Court on 7 May 1999 in Zanzibar Street, Songea Municipality, with one count of conspiracy to commit a crime and one count of armed robbery for threatening the cashier named Sophie Mwalango with a pistol, before snatching a box containing twenty thousand Tanzanian Shillings (TZS20,000) and 5 receipt booklets belonging to Steven Martin. The crimes are provided for and punishable under the Penal Code of the Respondent State respectively.

Country

Tanzania

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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009/2016 - Couple Diakite (Mamadou Diakite & Diakite Habibata B. Guindo) v. Mali

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Type of Document

Judgement

Keywords

Administration of Justice
Equality Before the Law
Peace and Security
Right to be Heard before a Competent Court
Right to Property

Case Headnotes: The Applicants submit that, on 14 November 2012, their home was robbed and vandalized by unknown persons, but upon reporting their complaint to the Police Authority, no reply was received to their complaint. They therefore submit that the Bamako 12th District Police Headquarters constitutes a serious violation of their rights as enshrined in Article 3, Article 7, Article 14 and 23 of the Charter.

Country

Mali

Country Geolocation: Mali: 17° 34′ 14″ N, 3° 59′ 46″ W

AfCHPR Decision

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014/2015 – Jibu Amir Mussa & Anor v. Tanzania (Separate Opinion by Judge Bensaoula Chafika)

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Type of Document

Separate Opinion

Keywords

Armed Robbery Allegations
Cruel and Degrading Treatment
Freedom from Discrimination
Personal Liberty
Retro-activity of offence
Right to Fair Trial

Case Headnotes: The Applicants jointly with others not before this Court stole an amount of twelve thousand (12,000) Tanzanian shillings from one, Frank Munishi, at his shop. During the robbery, one of the Applicants that is Jibu Amir shot Frank Munishi and his wife Gladiness Munishi with a pistol as the victims tried to flee from the scene of the crime. Frank Munishi was further stabbed by the other Applicant - Saidi Ally, with a "bush knife" to coerce him into giving the Applicants the money which he subsequently did, following which, the Applicants left the crime scene. Thereafter, neighbors of the victims converged at the crime scene and rushed the victims to Temeke Police station and subsequently to the hospital.

Country

Tanzania

Rights Violated (ACHPR Provisions)

ACHPR 7.1.c: Right to Defence

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

AfCHPR Decision

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