Uganda Case Law

Ali and Another v Republic of Tunisia (Application No. 009/2023)

Ali and Another v Republic of Tunisia (Application No. 009/2023) [2024] AfCHPR 16 (3 September 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 009/2023

Judge

Adjei J, Anukam J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court held that it has material, personal, temporal, and territorial jurisdiction over the application, as Tunisia ratified the relevant instruments and deposited the required declaration. The objection based on sovereignty was dismissed, reaffirming that international obligations prevail over domestic claims of non-interference. However, the Court found that the applicants had not exhausted local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules, since their cassation appeal regarding their detention and committal was still pending before the domestic co…

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• Right To Liberty
• Pre Trial Detention
• Exhaustion Of Local Remedies
• Sovereignty Vs International Obligations
• Right To Fair Trial
• Freedom Of Expression

Samanya Hassan v Uganda

Samanya Hassan v Uganda (Criminal Miscellaneous Application 1 of 2023) [2023] UGHC 213 (4 August 2023)

Court

High Court of Uganda

Case number

Criminal Miscellaneous Application 1 of 2023

Judge

Bukirwa, J

The High Court granted bail to the accused in a murder case, but imposed cash and non-cash conditions and required a translated LC1 letter for one surety.

• Bail Application
• Presumption Of Innocence
• Surety Requirements
• Exceptional Circumstances
• Right To Liberty
• Bail-application

Diarra v Republic of Mali (Application No. 047/2020)

Diarra v Republic of Mali (Application No. 047/2020) [2022] AfCHPR 37 (1 December 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 047/2020

Judge

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

The African Court held that Adama Diarra’s application against Mali was premature and inadmissible because he had not exhausted local remedies.

• Right To Liberty
• Fair Trial Rights
• Separation Of Powers
• Judicial Independence
• Exhaustion Of Local Remedies
• Exhaustion-of-local-remedies

Yayi v Republic of Benin (Application No. 023/2019)

Yayi v Republic of Benin (Application No. 023/2019) [2022] AfCHPR 27 (22 September 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 023/2019

Judge

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

The African Court struck out Thomas Boni Yayi’s application after he requested discontinuance, finding further consideration unwarranted under Rule 65(1)(a).

• Human Rights Violations
• Right To Life
• Right To Liberty
• Fair Trial
• State Responsibility
• Strike-out-order

Onyachi and Another v United Republic of Tanzania (Application No. 003/2015)

Onyachi and Another v United Republic of Tanzania (Application No. 003/2015) [2021] AfCHPR 24 (30 September 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 003/2015

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 awarded each applicant TZS 5,000,000 for moral prejudice and ordered their release from custody, but dismissed all other reparations claims.

• Right To Liberty
• Fair Trial
• Moral Damages
• Reparations
• Release From Custody
• Fair-trial

Diarra v Republic of Mali (Application No. 047/2020)

Diarra v Republic of Mali (Application No. 047/2020) [2021] AfCHPR 54 (29 March 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 047/2020

Judge

Aboud J, 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 declared moot a request for provisional measures in Adama Diarra v Mali after the applicant’s release on bail was confirmed.

• Right To Liberty
• Bail Procedure
• Due Process
• Judicial Review
• Provisional-measures
• Bail

Lazaro v United Republic of Tanzania

Lazaro v United Republic of Tanzania [2020] AfCHPR 15 (20 November 2020)

Court

African Court on Human and Peoples Rights

Judge

Aboud J, 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 John Lazaro’s case against Tanzania, allowing amended pleadings and detailed reparations submissions to be filed.

• Right To Fair Trial
• Right To Life
• Right To Dignity
• Right To Liberty
• Equal Protection Of Law
• Reopening-pleadings

Noudehouenou v Republic of Benin (Application No. 004/2020)

Noudehouenou v Republic of Benin (Application No. 004/2020) [2020] AfCHPR 59 (6 May 2020)

Court

African Court on Human and Peoples Rights

Case number

Application No. 004/2020

Judge

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

The Court found that the circumstances surrounding the Applicant's conviction and sentencing by the CRIET, including the removal of the right to appeal and the existence of an international arrest warrant, created a situation of extreme gravity and presented a real and imminent risk of irreparable harm to the Applicant should the judgment be executed before the Court's final decision. The Court determined that, under Article 27(2) of the Protocol, it was necessary to order a stay of execution of the CRIET judgment to prevent such harm. The Court dismissed the Applicant's other requests for pr…

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• Right To Fair Trial
• Right To Appeal
• Presumption Of Innocence
• Provisional Measures
• Judicial Protection
• Right To Liberty

Koutche v Republic of Benin (Application No. 020/2019)

Koutche v Republic of Benin (Application No. 020/2019) [2019] AfCHPR 99 (2 December 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 020/2019

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Oré P, Tchikaya J

The Court found that most of the Applicant's requests for provisional measures were either moot, overtaken by events, or related to the merits of the case and thus not suitable for provisional relief. However, regarding the cancellation of the Applicant's passport, the Court determined that the evidence showed an ongoing procedure for cancellation, which, if concluded, could irreparably harm the Applicant by depriving him of his main identification and travel document necessary for his residence and livelihood abroad. The Court held that this situation presented sufficient urgency and risk of…

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• Freedom Of Movement
• Right To Liberty
• Passport Cancellation
• Extradition Proceedings
• Political Rights

Ndagijimana v Tanzania (Application No. 024/2019)

Ndagijimana v Tanzania (Application No. 024/2019) [2019] AfCHPR 37 (26 September 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 024/2019

Judge

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

The African Court dismissed Jean de Dieu Ndajigimana’s request for provisional measures as moot after confirming that he had already been released to Rwanda.

• Provisional Measures
• Arbitrary Detention
• Right To Liberty
• International Human Rights Obligations
• Provisional-measures
• Mootness