Jeshi v United Republic of Tanzania (Application No. 017-2016)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Court reopened pleadings in an ongoing human rights application to allow the Respondent State's late Response to reparations submissions to be deemed properly filed in the interests of justice, and ordered the Applicant to submit a Reply within thirty days.

Outcome

Pleadings reopened; matter continues for determination on merits and reparations

Facts

The Applicant, a Tanzanian national, was convicted of murder and sentenced to death by the High Court of Tanzania at Karagwe on 22 June 2010. His appeal to the Court of Appeal of Tanzania at Bukoba was dismissed on 7 March 2012. He is currently on death row at Butimba Central Prison, Mwanza. The Applicant filed an application at the African Court on 22 March 2016 alleging violations of his rights to fair trial, equality, and legal representation. The Court issued provisional measures on 3 June 2016 directing Tanzania to refrain from executing him. After the parties exchanged submissions on merits, the Applicant filed submissions on reparations on 6 August 2018. The Respondent State was granted multiple extensions of time. Pleadings were closed on 13 June 2019. On 5 August 2019, the Respondent State filed its Response to reparations submissions after closure of pleadings.

Issues

1. Whether the pleadings should be reopened to allow the Respondent State's Response to the Applicant's submissions on reparations to be filed out of time.
2. Whether the Respondent State's late-filed Response should be deemed properly filed in the interests of justice.

Orders

• Proceedings in Application No. 017/2016 reopened.
• Respondent State's Response to Applicant's submissions on reparations deemed properly filed in the interests of justice.
• Applicant ordered to submit Reply to Respondent State's Response, if any, within thirty (30) days of receipt.

Legislation cited (8)

• African Charter on Human and Peoples' Rights Article 2
• African Charter on Human and Peoples' Rights Article 3(1)
• African Charter on Human and Peoples' Rights Article 3(2)
• African Charter on Human and Peoples' Rights Article 7(1)(c)
• Constitution of Tanzania 1977 Article 13(6)(a)
• Constitution of Tanzania 1977 Article 107(a)(2)(b)
• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
• 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)

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