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

African Court on Human and Peoples' Rights · [2023] AfCHPR 7 · 2023 Provisional Measures Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures following conviction and death sentence upheld by Court of Appeal of Tanzania
Decision
Provisional measures granted staying execution pending determination of main application

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights unanimously ordered provisional measures staying execution of the applicant's death sentence pending determination of the main application. The Court found it had prima facie jurisdiction under the Protocol and Charter, and that the risk of execution of the death penalty could jeopardise rights under Articles 3(2) and 7(1)(c) of the African Charter, warranting preservation of the status quo.

Outcome

Provisional measures granted staying execution pending determination of main application

Facts

The applicant, Tembo Hussein, was convicted of murder on 11 October 2013 by the High Court of Tanzania sitting at Tabora and sentenced to death by hanging. The Court of Appeal sitting at Tabora, Tanzania's highest court, upheld the sentence on 7 August 2017. The applicant is currently detained at Uyui Central Tabora Prison. He filed an application with the African Court on 2 March 2018 alleging violations of his human rights, including that his trial was vitiated by irregularities, that assessors did not exercise their right under Section 177 of the Tanzania Evidence Act to question witnesses, and that Article 13 of the Constitution of Tanzania was violated. The application included a request for provisional measures.

Issues

  1. Whether the Court has prima facie jurisdiction to examine the Application.
  2. Whether the circumstances warrant the issuance of provisional measures to stay execution of the death sentence.

Orders

  • Stay execution of the death sentence handed down against the Applicant, pending determination of the main Application.
  • Respondent State to report to the Court within sixty (60) days of receipt of this Order on the measures taken to implement the same.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
Before issuing an order for provisional measures, the African Court on Human and Peoples' Rights need not establish that it has jurisdiction on the merits of the case, but must simply satisfy itself that it has prima facie jurisdiction.
Human Rights — Provisional Measures — Test for Grant
In accordance with Article 27(2) of the Protocol and Rule 51(1) of the Rules, in cases of extreme gravity or urgency and when necessary to avoid irreparable harm to persons, the African Court shall adopt such provisional measures as it deems necessary in the interest of the parties or of justice.
Human Rights — Death Penalty — Provisional Measures to Stay Execution
Where an applicant has been sentenced to death and the risk of execution may jeopardise the enjoyment of rights provided under Articles 3(2) and 7(1)(c) of the African Charter on Human and Peoples' Rights, the Court will exercise its powers under Article 27(2) of the Protocol to order provisional measures staying execution pending determination of the main application.

Legislation cited (9)

  • 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)
  • 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)(c)
  • Tanzania Evidence Act Cap. 6 RE 2002 s.177
  • Constitution of Tanzania Article 13

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.

Hussein v United Republic of Tanzania (Application No. 001-2018) [2023] AfCHPR 7 (11 February 2023)
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.