The African Court found no fair trial violation in Lameck Bazil’s murder conviction, but held that Tanzania’s mandatory death penalty and hanging violated the rights to life and dignity.
The Court found that the request to order the Respondent State to publish the requirements for presidential candidacy was rendered moot by the publication of the relevant decision in the Official Gazette prior to the opening of the candidacy period. The remaining requests—abolition of sponsorship and criminal record requirements, validation of rejected candidacies, and suspension of ISIE Bureau members—were dismissed as they required examination of the merits of the main Application, which is not permissible at the provisional measures stage. The Court reiterated that provisional measures are…
The Court found that the mandatory imposition of the death penalty under Section 197 of the Tanzanian Penal Code violates the right to life and dignity protected by Articles 4 and 5 of the African Charter. The lack of judicial discretion and failure to consider mitigating circumstances renders the sentence arbitrary and inhuman. The applicant exhausted all local remedies by appealing to the highest domestic court. The assessment of evidence and conduct of trial did not disclose manifest error or miscarriage of justice, and the applicant's right to a fair hearing was not violated. The Court aw…
Uganda v wakwaya (HCT-00-ICD-CR-SC 1 of 2022) [2023] UGHCICD 2 (13 April 2023)
Court
HC: International Crimes Division (Uganda)
Case number
HCT-00-ICD-CR-SC 1 of 2022
Judge
Bashaija, J
The accused was granted amnesty under the Amnesty Act, 2000, for crimes committed in furtherance of armed rebellion as a member of the Allied Democratic Forces (ADF). The charges of aggravated trafficking in children and belonging to a terrorist organisation arose from the same transaction and were committed in the course of the war or rebellion. The amnesty certificate and supporting documentation were presented to the court and not contested by the prosecution. Article 29(10) of the Constitution and Section 3 of the Amnesty Act prohibit prosecution for offences covered by a pardon. Section…
The African Court struck out Thomas Boni Yayi’s application after he requested discontinuance, finding further consideration unwarranted under Rule 65(1)(a).
The Court found that the Respondent State violated the Applicant's right to be tried within a reasonable time, as he was detained for over six years before trial without justification. The mandatory imposition of the death penalty under Tanzanian law deprived the sentencing judge of discretion and constituted an arbitrary deprivation of the right to life. The method of execution by hanging was held to be inherently degrading and in violation of the right to dignity. The High Court's failure to consider the Applicant's mental health evaluation report was a grave procedural irregularity, violat…
The African Court awarded each applicant TZS 5,000,000 for moral prejudice and ordered their release from custody, but dismissed all other reparations claims.
The African Court found Tanzania violated Mallya’s rights to appeal, to be tried within a reasonable time, and to liberty after delaying access to case records.
Akena v Ayaa (Civil Appeal No. 49 of 2016) [2019] UGHC 34 (29 August 2019)
Court
High Court of Uganda
Case number
Civil Appeal No. 49 of 2016
Judge
Stephen Mubiru, J
The High Court upheld a finding that the respondent owned disputed land by gift from her brothers, rejected bias complaints, and dismissed the appeal with costs.
The African Court reopened pleadings in a reparations application, deemed Tanzania’s late response properly filed, and gave the applicant 30 days to reply.