Uganda Case Law

Godwin v United Republic of Tanzania (Application 037/2016)

Godwin v United Republic of Tanzania (Application 037/2016) [2023] AfCHPR 22 (5 September 2023)

Court

African Court on Human and Peoples Rights

Case number

Application 037/2016

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the applicant was informed of the grounds of arrest at the time of his apprehension, as evidenced by his own testimony before the District Court. The Court held that the applicant's identification at the scene was properly assessed by the domestic courts, with corroborative evidence from witnesses, and there was no indication of discrimination or unequal treatment. The evaluation of evidence by the domestic courts was found to be within their margin of appreciation, and no manifest error or miscarriage of justice was established. Regarding the right to defence, the Court…

Source excerpt

• Fair Trial Rights
• Right To Defence
• Non Discrimination
• Equality Before Law
• Criminal Procedure
• Remedies And Reparations

Juma v United Republic of Tanzania (Application No. 028/2016)

Juma v United Republic of Tanzania (Application No. 028/2016) [2023] AfCHPR 10 (13 June 2023)

Court

African Court on Human and Peoples Rights

Case number

Application No. 028/2016

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 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.

• Fair Trial Rights
• Right To Defence
• Conviction In Absentia
• Admissibility Of Applications
• Exhaustion Of Local Remedies
• Fair-trial-rights

Rajabu v United Republic of Tanzania (Application No. 008/2016)

Rajabu v United Republic of Tanzania (Application No. 008/2016) [2021] AfCHPR 42 (25 June 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 008/2016

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The African Court found a fair-trial violation for failure to provide free legal assistance, but rejected claims about evidence, judgment in absentia, and delay.

• Fair Trial Rights
• Legal Aid
• Right To Defence
• Reasonable Time Trial
• Conviction Evidence
• Fair-trial-rights

Jeshi v United Republic of Tanzania (Application No. 017/2016)

Jeshi v United Republic of Tanzania (Application No. 017/2016) [2019] AfCHPR 84 (19 August 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 017/2016

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The African Court reopened pleadings in Jeshi v Tanzania, accepted the State’s reparations response as properly filed, and allowed a further reply.

• Fair Trial Rights
• Equality Before The Law
• Right To Defence
• Death Penalty
• Reparations Procedure
• Reopening-pleadings

Constitutional Rights Project v Nigeria (Communication 143 of 1995; Communication 150 of 1996)

Constitutional Rights Project v Nigeria (Communication 143 of 1995; Communication 150 of 1996) [1999] ACHPR 7 (15 November 1999)

Court

African Commission on Human and Peoples Rights

Case number

Communication 143 of 1995 ; Communication 150 of 1996

The African Commission found Nigeria violated the Charter by suspending habeas corpus, allowing detention without trial, and using ouster clauses to block judicial review.

• Habeas Corpus
• Arbitrary Detention
• Inhuman And Degrading Treatment
• Judicial Independence
• Right To Defence
• Ouster Clauses

Courson v Equatorial Guinea (Communication 144 of 1995)

Courson v Equatorial Guinea (Communication 144 of 1995) [1997] ACHPR 3 (11 November 1997)

Court

African Commission on Human and Peoples Rights

Case number

Communication 144 of 1995

The African Commission found no established violation of the Charter in a communication alleging politically motivated arrest, detention, and trial in Equatorial Guinea.

• African Charter On Human And Peoples Rights
• Right To Fair Trial
• Right To Defence
• Exhaustion Of Local Remedies
• Political Rights
• African-charter-on-human-and-peoples-rights

Rex v Kija and Others

Rex v Kija and Others (Criminal Appeals Nos. 186, 187 and 188 of 1947) [1947] EACA 46 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 186, 187 and 188 of 1947

Judge

Bartley J, Graham Paul CJ, Nihill P

The Court of Appeal for Eastern Africa held that a judge’s strong advice to unrepresented accused not to say anything rendered their murder trial a nullity.

• Judicial Advice To Accused
• Procedural Nullity
• Right To Defence
• Murder Trial
• Unrepresented Accused
• Criminal-procedure

Rex v Waldays

Rex v Waldays (Criminal Appeal No. 187 of 1941) [1942] EACA 67 (1 January 1942)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 187 of 1941

Judge

Hayden J, Sheridan CJ

The court held that failure to comply with section 209(1) of the Criminal Procedure Code was fatal to the conviction, and allowed the appeal.

• Right To Defence
• Criminal Procedure Code Compliance
• Conviction Requirements
• Criminal-procedure
• Right-to-defence
• Criminal-appeals