Damian v United Republic of Tanzania (Application No. 048-2016)
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.
AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.
Holding
The African Court on Human and Peoples' Rights granted the Applicant leave to amend his application and submit further evidence within fifteen days. The Court reserved its decision on whether to hold a public hearing. The underlying case concerns a Tanzanian national convicted of murder and sentenced to death by Tanzanian courts.
Outcome
Leave to amend granted; decision on public hearing reserved
Facts
The Applicant, Dominick Damian, is a Tanzanian national convicted of murder contrary to Section 196 of the Penal Code and sentenced to death by the High Court of Tanzania at Bukoba on 14 December 2012. His conviction and sentence were upheld by the Court of Appeal of Tanzania at Mwanza on 17 March 2014. The Applicant brought Application No. 048/2016 before the African Court on Human and Peoples' Rights. He subsequently sought leave to amend that application, file further evidence, defer judgment, and hold an oral hearing. The Respondent State did not respond to these prayers.
Issues
- Whether the Applicant should be granted leave to amend his application.
- Whether the Applicant should be permitted to file further evidence.
- Whether the Court should defer drafting judgment until further submissions are made.
- Whether the matters should be addressed at an oral hearing.
Orders
- Applicant granted leave to amend his Application and submit further evidence within fifteen (15) days of notification of this Order.
- Decision on the request to hold a public hearing reserved.
Rules and key headnotes
Legislation cited (3)
- Penal Code of the United Republic of Tanzania s.196
- 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)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.