Uganda Case Law

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

Media Rights Agenda v Nigeria (Communication 224 of 1998)

Media Rights Agenda v Nigeria (Communication 224 of 1998) [2000] ACHPR 24 (6 November 2000)

Court

African Commission on Human and Peoples Rights

Case number

Communication 224 of 1998

The Commission found Nigeria in violation of the African Charter for arbitrary detention, an unfair military tribunal trial, denial of counsel, and cruel treatment of a journalist.

• Fair Trial Rights
• Freedom Of Expression
• Arbitrary Detention
• Judicial Independence
• Inhuman Or Degrading Treatment
• Right Of Appeal