Uganda Case Law

John v United Republic of Tanzania (Application No. 005/2018)

John v United Republic of Tanzania (Application No. 005/2018) [2022] AfCHPR 26 (22 September 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 005/2018

Judge

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

The Court found that the Respondent State violated the Applicant's right to liberty under Article 6 of the Charter by failing to inform him of his right to bail, as the offence of rape was bailable under Tanzanian law and the Applicant, being self-represented and indigent, was not made aware of this right. The Court further held that the Respondent State violated the Applicant's right to defence under Article 7(1)(c) of the Charter and Article 14(3)(d) of the ICCPR by failing to provide free legal assistance during trial and appeals, given the seriousness of the charge and the Applicant's ind…

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• Right To Fair Trial
• Right To Legal Assistance
• Right To Bail
• Criminal Procedure
• Remedies And Reparations

Rutakikirwa v United Republic of Tanzania (Application No. 013/2016)

Rutakikirwa v United Republic of Tanzania (Application No. 013/2016) [2022] AfCHPR 11 (24 March 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 013/2016

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 Tanzania violated Rutakikirwa’s right to defence by failing to provide free legal assistance, and awarded TZS 300,000.

• Right To Fair Trial
• Right To Legal Assistance
• Exhaustion Of Local Remedies
• Assessment Of Evidence
• Right-to-legal-assistance
• Right-to-fair-trial

Kalilou and Another v Republic of Cote D'Ivoire

Kalilou and Another v Republic of Cote D'Ivoire [2020] AfCHPR 37 (15 July 2020)

Court

African Court on Human and Peoples Rights

Judge

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

The Court found that while it had prima facie jurisdiction to consider the request for provisional measures, the Applicants failed to provide evidence supporting their allegations of psychological pressure, deteriorating mental health, and risk of irreparable harm. Despite being given additional opportunities and time to submit relevant documentation, the Applicants did not respond to the Court's requests. The Court emphasized that provisional measures are only granted in cases of extreme gravity and urgency, and the burden of proof lies with the Applicants to substantiate their claims. In th…

Source excerpt

• Right To Fair Trial
• Right To Legal Assistance
• Mental Health In Detention
• Provisional Measures

Anthony and Another v Tanzania (Ruling) (Application No. 015/2015)

Anthony and Another v Tanzania (Ruling) (Application No. 015/2015) [2019] AfCHPR 18 (26 September 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 015/2015

The African Court held it had jurisdiction over the application but found it inadmissible because it was not filed within a reasonable time.

• Exhaustion Of Local Remedies
• Reasonable Time Requirement
• Right To Fair Trial
• Right To Legal Assistance
• Admissibility Of Applications
• African-court

Ramadhani v Tanzania (Application No. 010/2015)

Ramadhani v Tanzania (Application No. 010/2015) [2019] AfCHPR 30 (7 August 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 010/2015

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 reparations proceedings in Amir Ramadhani’s case, deemed Tanzania’s late response properly filed, and ordered a reply from the applicant.

• Right To Legal Assistance
• Fair Trial
• Reparations Procedure
• Reparations
• Procedural-order
• Fair-trial

Mango and Another v United Republic of Tanzania (Application No. 002/2018)

Mango and Another v United Republic of Tanzania (Application No. 002/2018) [2019] AfCHPR 26 (4 July 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 002/2018

Judge

Aboud J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J

The African Court dismissed an application to review its earlier judgment, finding the applicants had not shown new evidence as required by the Rules.

• Right To Fair Trial
• Review Of Judgment
• Admissibility Of Evidence
• Visual Identification
• Right To Legal Assistance
• Review-of-judgment

Avocats Sans Frontiers v Burundi (Communication 231 of 1999)

Avocats Sans Frontiers v Burundi (Communication 231 of 1999) [2000] ACHPR 21 (6 November 2000)

Court

African Commission on Human and Peoples Rights

Case number

Communication 231 of 1999

The African Commission found Burundi violated Article 7(1)(c) after Mr Bwampamye was denied counsel and refused an adjournment in a capital appeal.

• Right To Fair Trial
• Right To Legal Assistance
• Due Process
• Death Penalty Procedure
• Right-to-fair-trial
• Right-to-legal-assistance