Jonas v United Republic of Tanzania (Application No. 011-2015)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The African Court held that it had jurisdiction and the application was admissible. The Court found that Tanzania violated Article 7(1)(c) of the African Charter by failing to provide the applicant, an indigent accused facing a serious charge, with free legal assistance throughout the criminal proceedings. The Court also found a consequent violation of Article 1. The Court dismissed claims regarding evidentiary issues and the legality of the sentence, and declined to order the applicant's release directly.
Outcome
Application partly allowed; violation of right to free legal assistance established; reparations to be determined in separate proceedings
Facts
Christopher Jonas, a Tanzanian national, was convicted of armed robbery in 2004 by the Morogoro District Court and sentenced to thirty years imprisonment and twelve strokes of the cane. The conviction arose from an incident on 1 October 2002 in which Jonas and a co-accused allegedly stole money and items from Habibu Saidi using violence and a machete. Jonas appealed to the High Court of Tanzania, which dismissed his appeal in 2005. He then appealed to the Court of Appeal of Tanzania, which in 2009 upheld the conviction and thirty-year sentence but set aside the corporal punishment. Jonas, who was indigent, illiterate, and incarcerated, did not have legal representation throughout the domestic proceedings. He filed an application with the African Court in 2015 alleging violations of his rights under the African Charter.
Issues
- Whether the African Court has jurisdiction to hear the application.
- Whether the application is admissible, particularly regarding exhaustion of local remedies and reasonable time for filing.
- Whether the applicant was charged and convicted on the basis of evidence that did not corroborate the charge sheet.
- Whether the applicant was denied the right to free legal assistance during the criminal proceedings.
- Whether the thirty-year prison sentence was lawful at the time the offence was committed.
- Whether the respondent violated Article 1 and Article 7(1)(c) of the African Charter on Human and Peoples' Rights.
Orders
- Objection to jurisdiction dismissed.
- Court has jurisdiction to hear the application.
- Objection to admissibility dismissed.
- Application declared admissible.
- Respondent did not violate Article 7(1) regarding evidentiary issues or legality of sentence.
- Respondent violated Article 7(1)(c) by failing to provide free legal assistance.
- Respondent violated Article 1 of the Charter.
- Prayer for direct order of release dismissed without prejudice to respondent applying such measure proprio motu.
- Prayer to set aside conviction and sentence dismissed without prejudice to respondent applying such measure proprio motu.
- Ruling on other forms of reparation reserved.
- Applicant to submit brief on reparations within thirty days.
- Respondent to submit response on reparations within thirty days of receipt of applicant's brief.
- Each party to bear its own costs.
Rules and key headnotes
Legislation cited (18)
- African Charter on Human and Peoples' Rights Article 1
- African Charter on Human and Peoples' Rights Article 7(1)(c)
- African Charter on Human and Peoples' Rights Article 7(2)
- 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(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)
- International Covenant on Civil and Political Rights Article 14(1)
- International Covenant on Civil and Political Rights Article 14(3)(d)
- Constitution of the United Republic of Tanzania 1977 s.13(b)
- Constitution of the United Republic of Tanzania 1977 s.13(c)
- Criminal Code of Tanzania Chapter 16 s.285
- Criminal Code of Tanzania Chapter 16 s.286
- Criminal Code of Tanzania Chapter 16 s.287A
- Basic Rights and Duties Enforcement Act Chapter 3 Revised Edition 2002
- Minimum Sentence Act 1972
- Miscellaneous Amendment Act No. 6/1994
Cases cited (10)
- Alex Thomas v United Republic of Tanzania (Application No. 005/2013)
- Mohamed Abubakari v United Republic of Tanzania (Application No. 003/2012)
- Ernest Francis Mtingwi v Republic of Malawi (Application No. 001/2013)
- Zongo and Others v Burkina Faso (Application No. 013/2011)
- Communication No. 333/06: Southern African Human Rights NGOs Network and Others v Tanzania
- Communication No. 263/2002: Kenyan Section of the International Commission of Jurists, Law Society of Kenya, Kituo Cha Sheria v..Kenya
- Communication No. 275/03 Article 19 v. Eritrea
- Michael Majuru v. Zimbabwe
- Wilfred Onyango v United Republic of Tanzania (Application No. 006/2013)
- William R. Gerison v. The Republic, in Appeal Case No. 69/2004
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.