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Juma v United Republic of Tanzania (Order for Provisional Measures) (Application 024-2016)

African Court on Human and Peoples' Rights · [2016] AfCHPR 60 · 2016 Application 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 convict challenging violations of human rights
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 preventing Tanzania from executing the applicant, a death row convict. The Court found it had prima facie jurisdiction and that the situation presented extreme gravity and risk of irreparable harm to rights protected under Articles 3 and 7(1) of the African Charter. The Court invoked its power under Article 27(2) of the Protocol to preserve the status quo pending determination of the merits.

Outcome

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

Facts

The applicant, Amini Juma, is a convict detained at Maweni Central Prison in Tanga, Tanzania. He was convicted of murder by the High Court of Tanzania at Arusha on 18 September 2008 and sentenced to life imprisonment. He appealed to the Court of Appeal of Tanzania in Criminal Appeal No. 303 of 2008. On 17 October 2011, the Court of Appeal dismissed his appeal, set aside the life imprisonment sentence, and imposed the mandatory death sentence by hanging. The applicant lodged an application for review at the Court of Appeal, but the Court has delayed in reviewing its decision. The applicant contends there were evidentiary deficiencies in his trial, including reliance on scanty facial identification evidence, contradictions in witness testimony, failure by the Court of Appeal to fully evaluate evidence, and misdirection as to the location of the crime scene.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the Application.
  2. Whether provisional measures should be ordered 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 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.
Human Rights — Provisional Measures — Power to Order Proprio Motu — Extreme Gravity and Irreparable Harm
Under Article 27(2) of the Protocol and Rule 51(1) of the Rules, the Court 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 — Death Penalty — Provisional Measures — Risk of Irreparable Harm
Where an applicant is on death row and there exists a situation of extreme gravity and a risk of irreparable harm, the Court may invoke its powers to order provisional measures to prevent execution of the death penalty pending determination of the main application, in order to preserve rights guaranteed under Articles 3 and 7(1) of the African Charter.

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.

Juma v United Republic of Tanzania (Order for Provisional Measures) (Application 024-2016) [2016] AfCHPR 60 (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.