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Josiah v United Republic of Tanzania (Application No. 053-2016)

African Court on Human and Peoples' Rights · [2016] AfCHPR 56 · 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 following death sentence confirmed by Tanzania Court of Appeal
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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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The African Court on Human and Peoples' Rights ordered provisional measures proprio motu to prevent execution of the death penalty against the applicant pending determination of the main application. The Court found it had prima facie jurisdiction and that the situation presented extreme gravity and risk of irreparable harm to rights protected under the African Charter.

Outcome

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

Facts

Oscar Josiah was convicted of murder contrary to Section 196 of the Penal Code and sentenced to death by the High Court of Tanzania at Bukoba on 2 October 2015. The Court of Appeal of Tanzania confirmed the death sentence on 25 February 2016. The applicant is detained at Butimba Central Prison. He filed an application with the African Court on Human and Peoples' Rights on 2 September 2016, alleging violations of human rights. The applicant contended that the High Court and Court of Appeal erred by failing to consider inconsistencies and contradictions in prosecution witnesses' testimonies and by relying on evidence from PW2 whose testimony kept changing. The applicant did not specifically request provisional measures in his application.

Issues

  1. Whether the Court has prima facie jurisdiction to deal with 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

  • Respondent to refrain from executing the death penalty against the Applicant pending the determination of the Application.
  • Respondent to 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 situation of extreme gravity and a risk of irreparable harm, the Court may order provisional measures to prevent execution of the death penalty pending determination of the main application, to preserve the status quo and protect rights guaranteed under the African Charter.

Legislation cited (1)

  • Penal Code CAP 16 s.196

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.

Josiah v United Republic of Tanzania (Application No. 053-2016) [2016] AfCHPR 56 (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.