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Augustino and Another v United Republic of Tanzania (Order for Provisional Measures) (Application 015-2016)

African Court on Human and Peoples' Rights · [2016] AfCHPR 42 · 2016 Provisional Measures Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures before the African Court on Human and Peoples' Rights by death row inmates challenging their conviction and sentence
Decision
Provisional measures granted; execution of death penalty stayed pending determination of main Application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights ordered provisional measures preventing Tanzania from executing two Burundian death row inmates pending determination of their application. The Court found prima facie jurisdiction and determined that execution would constitute irreparable harm to rights protected under Article 7(1) of the African Charter.

Outcome

Provisional measures granted; execution of death penalty stayed pending determination of main Application

Facts

The Applicants are Burundian nationals detained at Butimba Central Prison in Mwanza, Tanzania. They were sentenced to death by the High Court of Tanzania at Bukoba on 31 May 2007. The Court of Appeal confirmed the death sentence on 2 March 2012. The Applicants filed an application for review with the Court of Appeal on 7 April 2012, registered as No. 05 of 2012, which had not been heard by the time of this application. The Applicants allege their conviction was based on evidence not meeting the standard of proof beyond reasonable doubt, that the trial was conducted in Swahili which they did not understand, and that their review application has not been heard despite being registered in 2012.

Issues

  1. Whether the Court has prima facie jurisdiction to deal with the Application
  2. Whether provisional measures should be ordered to prevent execution of the death penalty pending determination of the main Application

Orders

  • The Respondent shall refrain from executing the death penalty against the Applicants pending the determination of the Application.
  • The Respondent shall report to the Court within sixty (60) days from the date of receipt of this Order on the measures taken to implement the Order.

Rules and key headnotes

Human Rights — Provisional Measures — Jurisdiction — Prima Facie Test
In ordering provisional measures, the African Court on Human and Peoples' Rights need not satisfy itself that it has jurisdiction on the merits of the case, but simply needs to satisfy itself prima facie that it has jurisdiction.
Human Rights — Provisional Measures — Proprio Motu Powers — Extreme Gravity and Irreparable Harm
Under Article 27(2) of the Protocol and Rule 51(1) of the Rules, the African Court on Human and Peoples' Rights is empowered to order provisional measures proprio motu in cases of extreme gravity and when necessary to avoid irreparable harm to persons and which it deems necessary to adopt in the interest of the parties or of justice.
Criminal Law & Procedure — Death Penalty — Provisional Measures — Risk of Irreparable Harm
Where applicants are on death row and there exists a risk of execution of the death penalty that will jeopardise the enjoyment of rights guaranteed under Article 7(1) of the African Charter, the situation is one of extreme gravity representing a risk of irreparable harm warranting an order for provisional measures to preserve the status quo pending determination of the main application.

Cases cited (3)

  • African Commission on Human and Peoples' Rights v Libya (Application No. 002/2013)
  • African Commission on Human and Peoples' Rights v Kenya (Application No. 006/2012)
  • African Commission on Human and Peoples' Rights v Libya (Application No. 004/2011)

Full judgment

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

Augustino and Another v United Republic of Tanzania (Order for Provisional Measures) (Application 015-2016) [2016] AfCHPR 42 (3 June 2016)
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.