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Done at Arusha, this 3 rd day of June in the year 2016, in English, French, Portuguese and Arabic, the English version being authoritative. Signed: Elsie N. THOMPSON , Vice President Gerard NIYUNGEKO, Judge Sylvain ORE, Judge " ~ Fatsah OUGUERGOUZ, Judge Duncan TAMBALA, Judge ---tf_,A_/::~..fl,l.J;_ ~..ro.-J_,_l ~~ (t\,\,,u.~, ~ El Hadji GUISSE, Judge Ben KIOKO, Judge Rafaa BEN ACHOUR, Judge Solomy B. BOSSA, Judge Angelo V. MATUSSE, Judge; and Robert ENO, Registrar. 6

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

71. APPL. N0 018 2016 COSMA FAUSTIN V TANZANIA English

Decisão do Tribunal Africano

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Tipo de Documento

Ordem

Palavras-Chave

Direito à Vida
Prisão e Detenção Arbitrárias

Estado

Tanzânia

Resultado

Ordem das Medidas Provisórias

Data da Decisão: 3 de jun. de 2016

Direitos Alegados a Serem Violados

Não indicado

Direitos Violados

Não indicado

Direitos Não Violados

Não indicado

Duração do Procedimento: 22 de mar. de 2016 ~ 3 de jun. de 2016

Country Geolocation

Latitude: -6.369028

Longitude: 34.888822

Country Geolocation (linked Decisão do Tribunal Africano): Tanzania

Primary Documents

18_16 Cosma Faustin v Tanzania.pdf
English
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Achpr instr proto court eng

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.

Tratado

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

Achpr instr proto court eng

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.

Tratado

Achpr instr proto court eng

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.

Tratado

Achpr instr proto court eng

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.

Tratado

Banjul charter

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

Tratado

Banjul charter

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

Tratado

Rules of Court {African Court on Human and People's Rights}

Rules of Procedure

Achpr instr proto court eng

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.

Tratado

Banjul charter

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

Tratado

Banjul charter

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

Tratado

Achpr instr proto court eng

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.

Tratado

Banjul charter

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

Tratado

Banjul charter

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

Tratado

Achpr instr proto court eng

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.

Tratado

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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