Wakilii

Hussein v United Republic of Tanzania (Application No. 001-2018)

African Court on Human and Peoples' Rights · [2025] AfCHPR 29 · 2025 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights following conviction for murder and mandatory death sentence by the High Court of Tanzania, with appeals and review dismissed by the Court of Appeal of Tanzania
Decision
Death sentence revoked; applicant removed from death row; matter remitted for rehearing on sentencing with judicial discretion

Observed later treatment

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Holding

The African Court held that Tanzania did not violate the applicant's right to an impartial tribunal or to equality before the law. However, the Court found violations of the right to life and dignity arising from the mandatory imposition of the death penalty by hanging. The mandatory nature of the sentence deprives judicial officers of discretion to consider individual circumstances, rendering it arbitrary. Hanging as a method of execution is inherently degrading and amounts to cruel, inhuman treatment. The Court ordered Tanzania to revoke the death sentence, remove the applicant from death row, amend its laws to eliminate mandatory death sentences and hanging as an execution method, and conduct a rehearing on sentencing with judicial discretion.

Outcome

Death sentence revoked; applicant removed from death row; matter remitted for rehearing on sentencing with judicial discretion

Facts

Tembo Hussein was arrested on 27 September 2006 and charged with murdering Angelina Hungwi by inflicting multiple machete cuts. The High Court sitting at Tabora convicted him of murder and sentenced him to death by hanging on 11 October 2013. His appeal to the Court of Appeal was dismissed on 15 March 2014. An application for review filed before the Court of Appeal was dismissed on 7 August 2017. At the time of filing this application, Hussein was on death row at Uyui Central Prison, Tabora. He filed this application before the African Court on 19 February 2018, alleging violations of his rights during domestic proceedings. The Court issued provisional measures on 11 February 2019 staying execution of the death sentence pending determination of the application.

Issues

  1. Whether the Applicant's right to be tried by an impartial court or tribunal was violated when assessors allegedly cross-examined witnesses instead of asking clarifying questions.
  2. Whether the Applicant's right to equality before the law and equal protection of the law was violated.
  3. Whether the mandatory imposition of the death penalty violates the right to life.
  4. Whether the imposition of the death penalty by hanging violates the right to dignity and the prohibition against cruel, inhuman or degrading punishment.

Orders

  • Objection to jurisdiction dismissed.
  • Court has jurisdiction.
  • Objection to admissibility dismissed.
  • Application is admissible.
  • Respondent State did not violate the Applicant's right to be tried by an impartial court or tribunal under Article 7(1)(d) of the Charter regarding assessor bias and cross-examination allegations.
  • Respondent State did not violate the Applicant's right to equality before the law and equal protection under Article 3(1) and (2) of the Charter.
  • Respondent State violated the Applicant's right to life under Article 4 of the Charter in relation to mandatory imposition of the death penalty.
  • Respondent State violated the Applicant's right to dignity and the right not to be subjected to cruel, inhuman or degrading punishment under Article 5 of the Charter regarding death penalty by hanging.
  • Applicant's prayers for reparations dismissed.
  • Respondent State to revoke the death sentence imposed on the Applicant and remove him from death row.
  • Respondent State to remove the mandatory death penalty from its laws within six months.
  • Respondent State to conduct rehearing on sentencing within one year through a procedure allowing judicial discretion.
  • Respondent State to remove hanging as method of execution from its laws within six months.
  • Respondent State to publish this judgment on Judiciary and Ministry websites within three months, accessible for at least one year.
  • Respondent State to submit implementation reports to the Court every six months.
  • Each party to bear its own costs.

Rules and key headnotes

Human Rights — Fair Trial — Impartial Tribunal — Role of Assessors
Assessors in criminal trials are statutorily mandated to ask questions seeking clarification to aid the judge in arriving at a fair decision, but they are not authorised to cross-examine witnesses or take sides in the proceedings.
Human Rights — Right to Life — Mandatory Death Penalty — Arbitrary Deprivation
The mandatory imposition of the death penalty violates the right to life under Article 4 of the African Charter because it is arbitrary in nature, depriving judicial officers of discretion to consider the nature of the offence and the circumstances of the offender.
Human Rights — Right to Dignity — Method of Execution — Hanging
Execution by hanging is inherently degrading and encroaches upon human dignity in respect of the prohibition of torture and cruel, inhuman and degrading treatment under Article 5 of the African Charter, as methods of execution must exclude suffering or involve the least suffering possible.
Human Rights — Reparations — Mandatory Death Penalty — Appropriate Remedies
Where a mandatory death sentence is found to violate the right to life and dignity, appropriate reparations include revoking the death sentence, removing the applicant from death row, ordering legislative amendments to eliminate mandatory sentencing provisions and hanging as an execution method, and directing a rehearing on sentencing with judicial discretion.
Criminal Law & Procedure — Exhaustion of Local Remedies — Review Proceedings
Applicants who file review proceedings against apex court decisions within applicable statutory frameworks should not be penalised for utilising an avenue available within the legal system, and the reasonableness of time for filing an international application must be computed from the date the review application was dismissed.

Legislation cited (11)

  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 56
  • 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 6(2)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 27(1)
  • 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)
  • Evidence Act (Tanzania) s.177
  • Constitution of Tanzania Article 16(6)(a)

Cases cited (26)

  • Andrew Ambrose Cheusi v United Republic of Tanzania (Application No. 004/2015)
  • Kalebi Elisamehe v United Republic of Tanzania (Application No. 005/2015)
  • Diocles William v United Republic of Tanzania (Application No. 016/2015)
  • Armand Guéhi v United Republic of Tanzania (Application No. 001/2015)
  • Ernest Francis Mtingwi v Republic of Malawi (Application No. 003/2012)
  • Kenedy Ivan v United Republic of Tanzania (Application No. 002/2015)
  • Rajabu Yusuph v United Republic of Tanzania (Application No. 036/2017)
  • Ingabire Victoire Umuhoza v Republic of Rwanda (Application No. 003/2014)
  • Beneficiaries of late Norbert Zongo and Others v Burkina Faso (Application No. 013/2011)
  • African Commission on Human and Peoples' Rights v Republic of Kenya (Application No. 006/2012)
  • Hussein Ally v United Republic of Tanzania (Application No. 016/2018)
  • Ally Rajabu and Others v United Republic of Tanzania (Application No. 007/2015)
  • Sébastien Germain Ajavon v Republic of Benin (Application No. 065/2019)
  • Deogratius Nicolaus Jeshi v United Republic of Tanzania (Application No. 017/2016)
  • XYZ v Republic of Benin (Application No. 051/2016)
  • Makungu Misalaba v United Republic of Tanzania (Application No. 033/2016)
  • Dominick Damian v United Republic of Tanzania (Application No. 048/2016)
  • Sijaona Chacha Machera v United Republic of Tanzania (Application No. 035/2017)
  • Yassin Rashid Maige v United Republic of Tanzania (Application No. 018/2017)
  • Edison Simon Mwombeki v United Republic of Tanzania (Application No. 030/2018)
  • Amini Juma v United Republic of Tanzania (Application No. 027/2017)
  • Gozbert Henerico v United Republic of Tanzania (Application No. 056/2016)
  • Nzigiyimana Zabron v United Republic of Tanzania (Application No. 051/2016)
  • Ghati Mwita v United Republic of Tanzania (Application No. 012/2019)
  • Chrizant John v United Republic of Tanzania (Application No. 049/2016)
  • Leonard Moses v United Republic of Tanzania (Application No. 033/2017)

Full judgment

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

Hussein v United Republic of Tanzania (Application No. 001-2018) [2025] AfCHPR 29 (26 June 2025)
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.