The African Court held it had jurisdiction over Maulidi Swedi’s application but declared it inadmissible because it was filed more than six years after local remedies ended.
The African Court found Tanzania violated an indigent prisoner's right to free legal assistance, but not equality before the law, and awarded 300,000 TZS.
The African Court found Tanzania violated Hoja Mwendesha’s right to free legal assistance in a serious criminal case, awarding TZS 300,000, but rejected the other claims.
The African Court held that Tanzania did not violate Article 3 of the Charter in a criminal appeal over gang rape and robbery convictions and life sentences.
Sections 168(1)(c) and (d) of the Penal Code Act are unconstitutional because they fail to define criminal offences with sufficient clarity and precision, violating the principle of legality under article 28(12) of the Constitution. The provisions are vague and overly broad, allowing for arbitrary and discriminatory enforcement, and reverse the presumption of innocence by requiring accused persons to prove their innocence. This contravenes the non-derogable right to a fair trial and presumption of innocence under articles 28(3)(a) and 44(c). The impugned sections also facilitate arbitrary dep…
The African Court found the application admissible but held that Tanzania did not violate the applicant’s Charter rights in his armed robbery conviction appeal.
The African Court held that Tanzania’s single appeal structure did not violate fair-trial or equality rights, and dismissed all claims by four convicted applicants.
The African Court held that the applicants had not exhausted local remedies before filing, because their cassation appeal was still pending and the delay was partly attributable to them.