Kisase v Tanzania (Application No. 005-2016)

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 ordered the re-opening of pleadings in Application No. 005/2016 to allow the Respondent State to file its response to the Applicant's submissions on reparations. The Court ruled that in the interests of justice, the Respondent State's response, filed after pleadings had been closed, should be deemed properly filed, and granted the Applicant thirty days to reply.

Outcome

Pleadings re-opened to allow late filing of respondent's submissions on reparations

Facts

Sadick Marwa Kisase, a Tanzanian national, was convicted of armed robbery and sentenced to thirty years imprisonment by the District Court of Geita. His appeals to the High Court and Court of Appeal of Tanzania were dismissed, with the Court of Appeal upholding the conviction on 26 July 2013. He filed an application with the African Court on Human and Peoples' Rights on 13 January 2016, alleging violations of his rights under the African Charter. The Applicant filed submissions on reparations on 27 September 2018. After the Court closed pleadings on 13 June 2019, the Respondent State filed its response to the reparations submissions on 5 August 2019, prompting this application for re-opening.

Issues

1. Whether the proceedings should be re-opened to allow the Respondent State to file its response to the Applicant's submissions on reparations.
2. Whether the Respondent State's late-filed response should be deemed properly filed in the interests of justice.

Orders

• Proceedings in Application No. 005/2016 - Sadick Marwa Kisase v. United Republic of Tanzania be and are hereby reopened.
• In the interests of justice, the Respondent State's Response to the Applicant's submissions on reparations be deemed as properly filed.
• The Applicant to submit his Reply to the Respondent State's Response, if any, within thirty (30) days of receipt thereof.

Legislation cited (9)

• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
• Rules of Court Rule 8(2)
• 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(1)(d)
• African Charter on Human and Peoples' Rights Article 3(1)
• African Charter on Human and Peoples' Rights Article 3(2)
• Tanzanian Constitution of 1977 Article 107A(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 34(6)

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