Lazaro v United Republic of Tanzania

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 African Court on Human and Peoples' Rights ordered the re-opening of pleadings in a human rights application where the applicant, initially self-represented, obtained legal representation but counsel was unable to locate him to confer due to multiple prison transfers. The Court found that in the interest of justice the applicant should be permitted to amend pleadings and file submissions on reparations, with the respondent state given opportunity to respond.

Outcome

Pleadings re-opened to allow applicant to amend application and file reparations submissions

Facts

John Lazaro, a Tanzanian national, was convicted of murder and sentenced to death by the High Court of Tanzania at Bukoba on 2 July 2004. The Court of Appeal at Mwanza upheld the sentence on 6 August 2010. Lazaro filed an application before the African Court alleging violations of his rights under the African Charter. Initially self-represented, he later obtained legal representation from the Human Rights Clinic at Cornell University Law School through Advocate Jebra Kambole. Counsel was unable to locate Lazaro to confer with him as he had been transferred multiple times between prisons, including a transfer to an unknown location in April 2019. Counsel nonetheless filed additional submissions on 23 July 2019 without the applicant's knowledge and requested leave to file detailed reparations submissions once able to locate and interview the applicant.

Orders

• Pleadings in Application No. 003/2016 John Lazaro v. United Republic of Tanzania be re-opened.
• The Applicant's amended pleadings and additional evidence be deemed as duly filed and be served on the Respondent State.
• The Applicant to file detailed submissions on reparations.

Legislation cited (7)

• African Charter on Human and Peoples' Rights Article 3
• African Charter on Human and Peoples' Rights Article 4
• African Charter on Human and Peoples' Rights Article 5
• African Charter on Human and Peoples' Rights Article 6
• African Charter on Human and Peoples' Rights Article 7
• 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)
• 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)

Cases cited (1)

• Cheusi v United Republic of Tanzania (Application No. 004/2015)

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