Wakilii

Jeshi v United Republic of Tanzania (Application 017-2016)

African Court on Human and Peoples' Rights · [2016] AfCHPR 44 · 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 proprio motu to prevent execution of the applicant's death sentence 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 to the applicant's rights under the African Charter.

Outcome

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

Facts

The applicant was sentenced to death by the High Court of Tanzania at Bukoba on 15 July 2010 for murder. The Court of Appeal of Tanzania confirmed the death sentence on 7 March 2013. The applicant filed an application for review with the Court of Appeal (Application No. 6 of 2013) which had not been listed for hearing. The applicant is currently detained at Butimba Central Prison. He alleges violations including that his conviction was based on extra-judicial statements, that the Court of Appeal misdirected itself on points of law, and that his review application has not been heard despite being filed in 2013.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application
  2. Whether provisional measures should be ordered proprio motu 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 — Jurisdiction — 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 — Proprio Motu Powers — Extreme Gravity and Irreparable Harm
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.
Criminal Law & Procedure — Death Penalty — Provisional Measures — Risk of Execution
Where an applicant is on death row and there exists a risk that execution of the death penalty will jeopardise the enjoyment of rights guaranteed under the African Charter, the situation is one of extreme gravity representing a risk of irreparable harm warranting an order for provisional measures to preserve the status quo 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.

Jeshi v United Republic of Tanzania (Application 017-2016) [2016] AfCHPR 44 (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.