Wakilii

Anatory v United Republic of Tanzania (Application No. 057-2016)

African Court on Human and Peoples' Rights · [2023] AfCHPR 60 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging violations of rights following conviction and death sentence for murder by Tanzanian domestic courts
Decision
Application dismissed in its entirety; conviction and death sentence upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court held that Tanzania did not violate the applicant's rights to equality, fair trial, or defence. The Court found that the caution statement was voluntarily recorded after a voir dire, the prosecution proved the case beyond reasonable doubt, and the applicant failed to comply with procedural requirements for raising an alibi defence. By majority, the Court held no violation of the right to dignity, finding the death sentence appropriate for a heinous murder.

Outcome

Application dismissed in its entirety; conviction and death sentence upheld

Facts

On 17 January 2010, Mulokozi Anatory, aged nineteen, and two accomplices murdered Shukuru Teleshphory in Karagwe District, Tanzania. They struck the victim with an iron bar and stick, then dismembered his body by cutting out his tongue, an ear, and genitals. A mob apprehended the offenders and beat the two accomplices to death. Police rescued the Applicant and took him to the station, where he allegedly confessed. The High Court convicted him of murder on 6 March 2014 and sentenced him to death. The Court of Appeal dismissed his appeal on 23 February 2015. The Applicant then filed an application before the African Court alleging violations of his rights to equality, dignity, and fair trial.

Issues

  1. Whether the African Court on Human and Peoples' Rights has material jurisdiction to examine alleged violations of the African Charter arising from proceedings before Tanzanian domestic courts.
  2. Whether the Applicant exhausted local remedies before filing the application.
  3. Whether the Respondent State violated the Applicant's right to equality before the law and equal protection of the law under Article 3 of the African Charter.
  4. Whether the Respondent State violated the Applicant's right to dignity under Article 5 of the African Charter by convicting him based on a caution statement allegedly obtained through violence and by imposing the death penalty.
  5. Whether the Respondent State violated the Applicant's right to a fair trial under Article 7 of the African Charter by convicting him on circumstantial and repudiated evidence without proving the case beyond reasonable doubt.
  6. Whether the Respondent State violated the Applicant's right to defence by failing to consider his defence of alibi.

Orders

  • Objection to material jurisdiction dismissed.
  • Court has jurisdiction.
  • Objection based on non-exhaustion of local remedies dismissed.
  • Application declared admissible.
  • Respondent State did not violate the Applicant's rights to equality before the law and equal protection of the law under Article 3(1) and (2) of the Charter.
  • Respondent State did not violate the Applicant's right to fair trial under Article 7(b) and (c) of the Charter and Articles 14(2) and 14(3)(e) of the ICCPR.
  • Respondent State did not violate the Applicant's right to defence under Article 7 of the Charter regarding the defence of alibi.
  • By majority, Respondent State did not violate Article 5 on the right to dignity.
  • Applicant's prayers for reparations dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Human Rights — Jurisdiction of African Court — Material Jurisdiction — Examination of Domestic Court Proceedings
Although the African Court on Human and Peoples' Rights is not an appellate body with respect to decisions of national courts, this does not preclude it from examining proceedings of those courts to determine whether they were conducted in accordance with the standards set out in the African Charter or any other human rights instruments ratified by the State concerned.
Human Rights — Admissibility — Exhaustion of Local Remedies — Human Rights Violations Arising from Judicial Proceedings
Where an alleged human rights violation occurs in the course of domestic judicial proceedings, domestic courts are thereby afforded an opportunity to pronounce themselves on possible human rights breaches. The alleged human rights violations form part of the bundle of rights and guarantees related to or forming the basis of the proceedings before domestic courts. In such a situation it would be unreasonable to require the applicant to lodge a new application before the domestic courts to seek relief for such claims.
Human Rights — Right to Equality — Burden of Proof — Substantiation Required
General statements to the effect that a right has been violated are not sufficient. More substantiation is required. Any alleged violation of the right to equality before the law and equal protection of the law under Article 3 of the African Charter must be accompanied by adequate evidence to substantiate the allegation.
Criminal Law & Procedure — Confessions — Voluntariness — Voir Dire — Admissibility
A caution statement may be admitted as evidence where a voir dire establishes that it was recorded voluntarily without the use of force, threat, or inducement. A retracted confession can be safely relied upon if the court is satisfied through proper inquiry that it was voluntarily made.
Criminal Law & Procedure — Death Penalty — Imposition — Heinous Offences
Given the framing of Article 4 of the African Charter and broader developments in international law regarding the death penalty, this type of punishment should exceptionally be reserved only for the most heinous of offences committed in seriously aggravating circumstances. The determination of incidents of crimes warranting the imposition of the death penalty must be left to domestic courts to decide on a case-by-case basis.
Criminal Law & Procedure — Defence of Alibi — Procedural Requirements — Notice
Where domestic law requires an accused person to give notice of intention to rely on a defence of alibi before the hearing or to furnish particulars before the prosecution closes its case, failure to comply with these procedural requirements may result in the court according no weight to the alibi evidence. The rationale is to enable the prosecution to investigate the defence and ascertain the accused's whereabouts.

Legislation cited (15)

  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 7
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 6(2)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
  • International Covenant on Civil and Political Rights Article 14(2)
  • International Covenant on Civil and Political Rights Article 14(3)(e)
  • Constitution of the United Republic of Tanzania Article 13(1)
  • Penal Code of Tanzania CAP 16 s.196
  • Evidence Act of Tanzania CAP 6 s.27
  • Criminal Procedure Act of Tanzania CAP 20 s.54(1)
  • Criminal Procedure Act of Tanzania CAP 20 s.194(4)
  • Criminal Procedure Act of Tanzania CAP 20 s.194(5)
  • Criminal Procedure Act of Tanzania CAP 20 s.194(6)

Cases cited (32)

  • Andrew Ambrose Cheusi v United Republic of Tanzania (26 June 2020) 4 AfCLR 219
  • Urban Mkandawire v. Malawi
  • Peter Joseph Chacha v. Tanzania
  • Article 19 v. Eritrea
  • Ernest Francis Mtingwi v Republic of Malawi (15 March 2013) 1 AfCLR 190
  • Kennedy Ivan v United Republic of Tanzania (28 March 2019) 3 AfCLR 48
  • Armand Guehi v Tanzania (7 December 2018) 2 AfCLR 477
  • Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v United Republic of Tanzania (23 March 2018) 2 AfCLR 287
  • Kalebi Elisamehe v United Republic of Tanzania (26 June 2020) 4 AfCLR 265
  • Gozbert Henrico v United Republic of Tanzania (Application No. 056/2016)
  • Peter Joseph Chacha v United Republic of Tanzania (28 March 2014) 1 AfCLR 398
  • Almas Mohamed Muwinda and Others v United Republic of Tanzania (Application No. 030/2017)
  • African Commission on Human and Peoples' Rights v Republic of Kenya (26 May 2017) 2 AfCLR 9
  • Jibu Amir alias Mussa and Another v United Republic of Tanzania (Application No. 014/2015)
  • Alex Thomas v United Republic of Tanzania (20 November 2015) 1 AfCLR 465
  • Kennedy Owino Onyachi and Another v United Republic of Tanzania (28 September 2017) 2 AfCLR 65
  • Ernest Karatta, Walafried Millinga, Ahmed Kabunga and 1744 Others v United Republic of Tanzania (Application No. 002/2017)
  • Mohamed Abubakari v United Republic of Tanzania (3 June 2016) 1 AfCLR 599
  • Christopher Jonas v United Republic of Tanzania (28 September 2017) 2 AfCLR 101
  • Bernard Balele v United Republic of Tanzania (Application No. 026/2016)
  • Hamis Shaban alias Hamis Ustadh v United Republic of Tanzania (Application No. 026/2015)
  • Mussa Zanzibar v United Republic of Tanzania (Application No. 022/2016)
  • APDH v Côte d'Ivoire (18 November 2016) 1 AfCLR 668
  • Minani Evarist v United Republic of Tanzania (21 September 2018) 2 AfCLR 402
  • George Maili Kemboge v United Republic of Tanzania (11 May 2018) 2 AfCLR 369
  • Lucien Ikili Rashidi v United Republic of Tanzania (28 March 2019) 3 AfCLR 13
  • Ghati Mwita v United Republic of Tanzania (Application No. 012/2017)
  • Amini Juma v United Republic of Tanzania (Application No. 024/2016)
  • Ally Rajabu and Others v United Republic of Tanzania (Application No. 007/2015)
  • Hassan Juma Kanenyera and Others v. Republic [1992] TLR, 100
  • Goodluck Kyando v. Republic [2006]
  • Sijali Juma Kocho v. Republic [1994] TLR 206

Full judgment

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Anatory v United Republic of Tanzania (Application No. 057-2016) [2023] AfCHPR 60 (5 September 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.