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John v United Republic of Tanzania (Application No. 049-2016)

African Court on Human and Peoples' Rights · [2016] AfCHPR 51 · 2016 Provisional Measures Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures following death sentence confirmed by Court of Appeal of Tanzania
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. The Court found prima facie jurisdiction and determined that execution would constitute extreme gravity and irreparable harm to rights protected under the African Charter, pending full determination of the Application challenging the conviction and death sentence.

Outcome

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

Facts

The applicant was convicted of murder and sentenced to death by the High Court of Tanzania at Bukoba on 26 June 2015. The Court of Appeal of Tanzania confirmed the death sentence on 23 February 2016. The applicant, detained at Butimba Central Prison, filed an application with the African Court alleging violations of his human rights, including that both courts erred in relying on certain exhibits, failed to consider inconsistencies in prosecution witness testimony, discarded his evidence without reasons, and that the death penalty violates his right to life under the Universal Declaration of Human Rights and Articles 13 and 14 of the Tanzanian Constitution. The applicant did not request provisional measures in his application.

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 — Proprio Motu Powers — Death Penalty
Under Article 27(2) of the Protocol to the African Charter and Rule 51(1) of the Rules of Court, 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.
Human Rights — Jurisdiction — Prima Facie Jurisdiction for Provisional Measures
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.
Criminal Law & Procedure — Death Penalty — Execution — Extreme Gravity and Irreparable Harm
Where an applicant is on death row and there exists a risk of execution of the death penalty that will jeopardize the enjoyment of rights guaranteed under the African Charter, the situation constitutes extreme gravity and represents a risk of irreparable harm requiring 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.

John v United Republic of Tanzania (Application No. 049-2016) [2016] AfCHPR 51 (18 November 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.