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Faustine v United Republic of Tanzania (Order for Provisional Measures) (Application 018-2016)

African Court on Human and Peoples' Rights · [2016] AfCHPR 46 · 2016 Application 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 challenging 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 the applicant, a death row prisoner. The Court found it had prima facie jurisdiction and that the situation presented extreme gravity and risk of irreparable harm to rights protected under Articles 3(2) and 7(1)(d) of the African Charter.

Outcome

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

Facts

The applicant, Cosma Faustin, was sentenced to death by the High Court of Tanzania at Bukoba on 23 August 2006. The Court of Appeal of Tanzania confirmed the death sentence on 8 November 2011. The applicant then applied to the Court of Appeal for review of its judgment in Application No. 6 of 2012. The applicant alleged that the High Court erred by relying on prosecution evidence that was not credible, contradictory and inconsistent, and that the Court of Appeal caused prejudice by not considering his application for review. At the time of this application, the applicant was detained at Butimba Central Prison on death row.

Issues

  1. Whether the Court has prima facie jurisdiction to hear 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 Applicant 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 — 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 — Power to Order Proprio Motu
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.
Human Rights — Death Penalty — Provisional Measures to Prevent Execution
Where an applicant is on death row and there exists a situation of extreme gravity and a risk of irreparable harm, the Court may order provisional measures to prevent execution of the death penalty pending determination of the main application, to preserve rights guaranteed under Articles 3(2) and 7(1)(d) of the African Charter.

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.

Faustine v United Republic of Tanzania (Order for Provisional Measures) (Application 018-2016) [2016] AfCHPR 46 (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.