The African Court dismissed Shija Juma’s application, finding no violation of his right to defence or fair trial in his rape conviction and no basis for reparations.
The Court found that the domestic courts properly evaluated the identification evidence and applied relevant jurisprudence, including guidelines for assessing witness identification. There was no manifest error or miscarriage of justice in the conviction of the applicant. The applicant failed to substantiate his claim of discrimination, and the record did not demonstrate any differential treatment or violation of Article 2 of the Charter. The applicant exhausted local remedies and filed the application within a reasonable time, considering his incarceration and lack of awareness of the Court.…
The Court found that the application was inadmissible because the issues raised had already been settled by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in Communication No: 0012/Com/001/2019, which addressed the same law, practices, and alleged violations concerning the expulsion and exclusion of pregnant and parenting girls from Tanzanian schools. Applying the cumulative criteria from its jurisprudence—identity of parties (both cases being public interest litigation against the same state), identity of subject matter (challenging the same regulations and…
The Court found that although it had jurisdiction over the matter, the application was inadmissible because the applicant had not exhausted local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules of Court. The applicant's cassation appeal was still pending before the domestic courts at the time of filing the application, and there was no evidence that the proceedings were unduly prolonged. Since the exhaustion of local remedies is a mandatory and cumulative admissibility requirement, the failure to satisfy this condition rendered the entire application inadmi…
Said v United Republic of Tanzania (Application No. 011/2019) [2021] AfCHPR 23 (30 September 2021)
Court
African Court on Human and Peoples Rights
Case number
Application No. 011/2019
Judge
Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Mukamulisa J, Tchikaya VP
The African Court held that Yusuph Said’s application was inadmissible because it was filed eight years and three months after local remedies were exhausted.
The Court found that it had material, personal, temporal, and territorial jurisdiction to hear the application, as the subject matter concerned alleged violations of rights protected by the Charter and the respondent state had made the necessary declaration under Article 34(6) of the Protocol. The applicant had exhausted local remedies by appealing to the highest court, and was not required to pursue extraordinary remedies such as review or constitutional petition. However, the application was filed six years, three months, and fifteen days after the relevant declaration, and the applicant fa…
The African Court held that two intervention applications by private individuals were inadmissible because the Protocol allows intervention only by States, and the filing was late.
The African Court held it had jurisdiction over Dexter Eddie Johnson’s case but found the application inadmissible because the same issues had already been settled by the UN Human Rights Committee.