Uganda Case Law

Nyerere v United Republic of Tanzania (Application No. 023/2018)

Nyerere v United Republic of Tanzania (Application No. 023/2018) [2024] AfCHPR 24 (13 November 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 023/2018

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The court found that the mandatory imposition of the death penalty under Tanzanian law violates Article 4 of the African Charter, as it deprives judicial officers of discretion and fails to consider individual circumstances, rendering the punishment arbitrary and contrary to the right to life. The method of execution by hanging was held to violate Article 5, as it constitutes cruel, inhuman, or degrading treatment and undermines human dignity. The applicant's allegations of torture and unfair trial were not substantiated, as domestic courts had addressed these issues and no manifest error or…

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• Mandatory Death Penalty
• Right To Life
• Right To Dignity
• Fair Trial Rights
• Torture And Inhuman Treatment
• Remedies And Reparations

Damian v United Republic of Tanzania (Application No. 048/2016)

Damian v United Republic of Tanzania (Application No. 048/2016) [2024] AfCHPR 8 (4 June 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 048/2016

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The court found that the mandatory imposition of the death penalty under Tanzanian law deprived judicial officers of discretion to consider the nature of the offence and the circumstances of the offender, rendering the penalty arbitrary and in violation of Article 4 of the Charter. The court further held that execution by hanging constitutes cruel, inhuman, and degrading treatment, violating Article 5. The court dismissed allegations of fair trial violations, finding that the applicant was tried within a reasonable time, was afforded effective legal representation, and that the evidence was p…

Source excerpt

• Right To Life
• Death Penalty
• Right To Dignity
• Fair Trial Rights
• Mandatory Sentencing
• Cruel Inhuman Degrading Treatment

Centre for Human Rights(CHR), Institute for human Rights and Development in Africa(IHRDA) & Legal and Human rights Centre (LHRC) v United Republic of Tanzania (Application No. 019/2018)

Centre for Human Rights(CHR), Institute for human Rights and Development in Africa(IHRDA) & Legal and Human rights Centre (LHRC) v United Republic of Tanzania (Application No. 019/2018) [2024] AfCHPR 7 (31 May 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 019/2018

Judge

Adjei J, Anukam J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The African Court reopened pleadings, gave Tanzania 45 days to respond, postponed the scheduled hearing, and reserved costs in a case concerning persons with albinism.

• Right To Life
• Freedom From Torture
• Prohibition Of Human Trafficking
• Discrimination Against Persons With Albinism
• Access To Justice
• Vulnerable Groups

Democratic Republic of the Congo v Republic of Rwanda (Application No. 007/2023)

Democratic Republic of the Congo v Republic of Rwanda (Application No. 007/2023) [2024] AfCHPR 6 (7 March 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 007/2023

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP

The African Court dismissed DR Congo’s request for expedited treatment, but ordered the inter-state application against Rwanda to proceed under the Rules on a priority basis.

• Expedited Procedure
• Inter State Application
• Right To Fair Trial
• Armed Conflict Responsibility
• Priority Consideration
• Expedited-procedure

Ghannouchi and Others v Republic of Tunisia (Application No. 004/2023)

Ghannouchi and Others v Republic of Tunisia (Application No. 004/2023) [2023] AfCHPR 19 (28 August 2023)

Court

African Court on Human and Peoples Rights

Case number

Application No. 004/2023

Judge

Aboud P, Adjei J, Anukam J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The African Court granted provisional measures in part, ordering Tunisia to remove barriers to lawyers and doctors and disclose detention grounds, but refused release.

• Provisional Measures
• Detention Conditions
• Access To Counsel
• Right To Health
• Judicial Independence
• Due Process

Msuguri v United Republic of Tanzania (Application No. 052/2016)

Msuguri v United Republic of Tanzania (Application No. 052/2016) [2022] AfCHPR 36 (1 December 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 052/2016

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko J, Tchikaya VP

The African Court found that the mandatory imposition of the death penalty under Tanzanian law violated the applicant's right to life and fair trial as protected by Articles 4 and 7 of the African Charter. The Court held that, although the domestic courts considered the applicant's insanity defense, the law deprived the sentencing judge of discretion to impose a lesser sentence based on individual circumstances, rendering the deprivation of life arbitrary. The Court further determined that the applicant's prolonged pre-trial detention of over six years and extended time on death row constitut…

Source excerpt

• Right To Life
• Mandatory Death Penalty
• Fair Trial Rights
• Pre Trial Detention
• Inhuman Or Degrading Treatment
• Judicial Discretion

African Commision on Human and Peoples Rights v Republic of Kenya (Application No. 006/2012)

African Commision on Human and Peoples Rights v Republic of Kenya (Application No. 006/2012) [2021] AfCHPR 37 (25 June 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 006/2012

Judge

Aboud P, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The African Court adjourned the reparations hearing sine die and directed that the reparations phase be decided on the parties’ written submissions.

• Reparations Procedure
• Public Hearing Adjournment
• Covid19 Impact On Proceedings
• Reparations-procedure
• Public-hearing-adjournment
• Covid19-impact-on-proceedings

European Alliance For Human Rights and Others v Egypt (Communication 544 of 2015)

European Alliance For Human Rights and Others v Egypt (Communication 544 of 2015) [2018] ACHPR 124 (18 October 2018)

Court

African Commission on Human and Peoples Rights

Case number

Communication 544 of 2015

The African Commission struck out Communication 544/15 after finding the complainants failed to prosecute the matter diligently and missed admissibility deadlines.

• Admissibility Requirements
• Diligent Prosecution
• Academic Freedom
• Fair Trial Rights
• Enforced Disappearances
• Extrajudicial Killings

Mugesera v Republic of Rwanda (Application No. 012/2017)

Mugesera v Republic of Rwanda (Application No. 012/2017) [2017] AfCHPR 124 (28 September 2017)

Court

African Court on Human and Peoples Rights

Case number

Application No. 012/2017

Judge

Ben Achour J, Bensaoula J, Bossa J, Chizumila J, Eno R, Guissè J, Kioko VP, Matusse J, Mengue J, Niyungeko J, Orè P

The African Court granted provisional measures for Léon Mugesera, ordering Rwanda to provide access to lawyers, family contact, and needed medical care.

• Right To Fair Trial
• Inhuman And Degrading Treatment
• Access To Medical Care
• Right To Family Communication
• Prisoner Rights
• Provisional-measures

Lawyers Committee for Human Rights v Zaire (Communication 47 of 1990)

Lawyers Committee for Human Rights v Zaire (Communication 47 of 1990) [2017] ACHPR 3 (30 June 2017)

Court

African Commission on Human and Peoples Rights

Case number

Communication 47 of 1990

The African Commission found serious or massive violations in Zaire, including arbitrary arrest, detention, and torture, and referred the matter under Article 58(1) of the African Charter.

• Arbitrary Arrest
• Detention Without Trial
• Torture
• Massive Human Rights Violations
• Arbitrary-arrest
• Detention-without-trial