The African Court found Tanzania violated rights to life and dignity by imposing a mandatory death sentence and hanging, but rejected the fair trial claim.
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…
The tribunal found that the complainant was subjected to cruel, inhuman and degrading treatment by UPDF soldiers on the orders of Lt. Otim Bosco. Although partial compensation was paid, the respondent failed to pay the agreed balance. The tribunal considered the complainant's prior injury from a gunshot wound, which was not caused by the beating in question. Nonetheless, the tribunal held that the beating constituted a violation of the complainant's right to freedom from torture and ordered general damages as compensation.
The Court held that the mandatory imposition of the death penalty under Section 197 of the Tanzanian Penal Code constitutes an arbitrary deprivation of the right to life, violating Article 4 of the African Charter. The Court reaffirmed its jurisprudence that such mandatory sentencing precludes judicial discretion and consideration of mitigating factors, rendering the penalty arbitrary. Furthermore, the method of execution by hanging is inherently degrading and violates the right to dignity under Article 5 of the Charter. The Court found no violation of the Applicant's fair trial rights under…
Siraji Eitu v Captain Taban Ali (Complaint UHRC 118 of 2003) [2022] UGHRC 3 (21 February 2022)
Court
Uganda Human Rights Commission
Case number
Complaint UHRC 118 of 2003
Judge
Shifrah Lukwago - Commissioner
The Tribunal found that Captain Taban Ali unlawfully assaulted Siraji Eitu and violated his right to freedom from torture or cruel, inhuman, or degrading treatment.
Tumuhaise Kyagaba v Attorney General (Complaint No. FPT/62/2011) [2022] UGHRC 14 (19 January 2022)
Court
Uganda Human Rights Commission
Case number
Complaint No. FPT/62/2011
Judge
Shifrah Lukwago - Commissioner
The Uganda Human Rights Commission found police brutality against Tumuhaise Francis Kyagaba amounted to torture and cruel, inhuman, and degrading treatment.
Luyombya Denis v Attorney General (Complaint UHRC 183 of 2006) [2019] UGHRC 11 (13 May 2019)
Court
Uganda Human Rights Commission
Case number
Complaint UHRC 183 of 2006
Judge
Dr. Patricia Achan Okiria - Commissioner
The Tribunal found that the applicant was shot multiple times by a police officer after surrendering, causing severe pain and suffering. The evidence of the applicant and his two eyewitnesses was consistent and credible regarding the shooting and subsequent treatment. The Tribunal held that these acts constituted torture and cruel, inhuman and degrading treatment under Article 24 of the Constitution and Article 1 of the CAT. The Tribunal further held that the Attorney General was vicariously liable for the acts of the police officer, as they were committed in the course of official duties. Ho…
Mugabe Hillary v Attorney General (Complaint UHRC 83 of 2009) [2018] UGHRC 14 (16 May 2018)
Court
Uganda Human Rights Commission
Case number
Complaint UHRC 83 of 2009
Judges
Joseph A. A. Etima, Commissioner
The UHRC Tribunal held that soldiers attached to Katabi Air-force Barracks subjected Mugabe Hillary to cruel, inhuman and degrading treatment and awarded general damages.
Buwembo Monday v Attorney General (Complaint UHRC 124 of 2007) [2018] UGHRC 5 (9 April 2018)
Court
Uganda Human Rights Commission
Case number
Complaint UHRC 124 of 2007
Judge
Stephen Basaliza - Commissioner
The UHRC found that Buwembo Monday was beaten by CMI operatives and awarded compensation for cruel, inhuman or degrading treatment, but rejected the property claim.
Interights et. al. v Botswana (Communication 240 of 2001) [2003] ACHPR 50 (20 November 2003)
Court
African Commission on Human and Peoples Rights
Case number
Communication 240 of 2001
The African Commission found Botswana not in violation of the Charter after rejecting claims about fair trial errors, death sentence proportionality, clemency, and notice of execution.