Augustino and Another v United Republic of Tanzania (Application No. 015-2016)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The African Court on Human and Peoples' Rights refused to separate the joint application but granted the applicants leave to amend their application and submit further evidence within thirty days. The Court deferred the decision on oral proceedings until after receipt of the parties' submissions following reopening of pleadings. The applicants were allowed to file submissions on reparations within thirty days.

Outcome

Proceedings reopened with leave granted to amend application and submit additional evidence and reparations submissions

Facts

The applicants, Habiyalimana Augustino and Miburo Abdulkarim, are Burundian nationals convicted of murder under Section 196 of the Penal Code of Tanzania and sentenced to death by hanging by the High Court of Tanzania at Bukoba on 31 May 2007. Their conviction and sentence were upheld by the Court of Appeal of Tanzania at Mwanza on 2 March 2012. The applicants filed a joint application before the African Court on Human and Peoples' Rights. Both applicants subsequently requested leave to amend their application, submit additional evidence, and file submissions on reparations. The first applicant also requested separation of the applications. The respondent state did not object to filing additional evidence or deferring judgment but opposed the amendment as prejudicial.

Issues

1. Whether the Court should grant leave to separate the applications of the two applicants.
2. Whether the Court should grant leave to amend the application and submit new evidence.
3. Whether the Court should hold oral proceedings.
4. Whether the applicants should be permitted to file submissions on reparations.

Orders

• Application shall not be separated and will be considered as jointly filed by the applicants.
• Proceedings in Application 015/2015 reopened.
• Applicants granted leave to amend their application and submit further evidence within thirty (30) days of notification of this Order.
• Court shall decide on oral proceedings upon receipt and consideration of parties' submissions following reopening of pleadings.
• Applicants allowed to file submissions on reparations within thirty (30) days of notification of this Order.

Legislation cited (8)

• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
• 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)
• Rules of Court Rule 8(2)
• Rules of Court Rule 50
• Rules of Court Rule 34
• Rules of Court Rule 27
• Rules of Court Rule 71
• Penal Code of the United Republic of Tanzania s.196

The original judgment as reported. Read the original PDF before relying on any passage.