Wakilii

Damian v United Republic of Tanzania (Application No. 048-2016)

African Court on Human and Peoples' Rights · [2016] AfCHPR 50 · 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 a death row prisoner
Decision
Provisional measures granted restraining execution of death penalty 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 proprio motu to prevent execution of a death row prisoner pending determination of his application alleging violations of his fundamental rights. The Court found it had prima facie jurisdiction and that the situation presented extreme gravity and risk of irreparable harm justifying an order restraining execution.

Outcome

Provisional measures granted restraining execution of death penalty pending determination of main application

Facts

The Applicant, Dominick Damian, was sentenced to death by the High Court of Tanzania at Bukoba on 6 December 2012. The Court of Appeal of Tanzania confirmed the death sentence on 17 March 2014. The Applicant filed a notice of motion for review of the Court of Appeal decision, which had not been considered at the time of this application. The Applicant is detained at Butimba Central Prison. He alleges violations of his fundamental rights including delay in considering his review application, violation of his right to fair trial, failure to resolve doubts in his favour, and failure to consider evidence in aggravation or mitigation.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application.
  2. Whether the circumstances warrant the Court ordering provisional measures proprio motu to prevent execution of the death penalty.

Orders

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

Rules and key headnotes

Human Rights — Provisional Measures — Jurisdiction — Prima Facie Jurisdiction
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 Execution
Where an applicant is on death row and there exists a risk that execution of the death penalty will jeopardize the enjoyment of rights guaranteed under the African Charter, the African Court on Human and Peoples' Rights may order provisional measures to prevent execution pending determination of the main application.

Legislation cited (18)

  • Constitution of Tanzania Article 13(1)
  • Constitution of Tanzania Article 13(2)
  • Constitution of Tanzania Article 13(3)
  • Constitution of Tanzania Article 13(4)
  • Constitution of Tanzania Article 13(5)
  • Constitution of Tanzania Article 13(6)(a)
  • Constitution of Tanzania Article 107
  • Constitution of Tanzania Article 107A(1)
  • Constitution of Tanzania Article 107A(2)(a)
  • Constitution of Tanzania Article 107A(2)(b)
  • African Charter on Human and Peoples' Rights Article 3(2)
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 7(1)(a)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • 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 5
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 27(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)

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.

Damian v United Republic of Tanzania (Application No. 048-2016) [2016] AfCHPR 50 (18 November 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.