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Guehi v United Republic of Tanzania (Order for Provisional Measures) (Application 001-2015)

African Court on Human and Peoples' Rights · [2016] AfCHPR 72 · 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 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 pending determination of his application. The Court found it had prima facie jurisdiction and that the situation presented extreme gravity and risk of irreparable harm given the applicant's death row status and allegations of fair trial violations.

Outcome

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

Facts

Armand Guehi, a citizen of Côte d'Ivoire, was sentenced to death by the High Court of Tanzania at Moshi on 30 March 2010 for murder. The Court of Appeal of Tanzania confirmed the death sentence on 28 February 2014. Guehi was detained in Ukonga Central Prison, Dar es Salaam. He alleged violations of his right to fair trial, including lack of language assistance during police interviews when he could only speak French, lack of consular assistance, and arbitrary disposal of his properties after arrest. He filed an application with the African Court on Human and Peoples' Rights on 6 January 2015. The Republic of Côte d'Ivoire notified its intention to intervene on 1 April 2015.

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 thirty (30) 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 Court 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 Court 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 is risk of execution of the death penalty which will jeopardise the enjoyment of rights guaranteed under Article 7 of the African Charter and Article 14 of the ICCPR, the situation is of extreme gravity and represents a risk of irreparable harm warranting an order for provisional measures to preserve the status quo ante 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.

Guehi v United Republic of Tanzania (Order for Provisional Measures) (Application 001-2015) [2016] AfCHPR 72 (18 March 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.