Wakilii

Lazaro v United Republic of Tanzania (Application No. 003-2016)

African Court on Human and Peoples' Rights · [2016] AfCHPR 75 · 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 by a death row prisoner
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 proprio motu to prevent execution of the death penalty against the applicant pending determination of his 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 Articles 3 and 7(1) of the African Charter.

Outcome

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

Facts

John Lazaro was sentenced to death by the High Court of Tanzania at Bukoba on 6 August 2010. The Court of Appeal of Tanzania confirmed the death sentence on 28 November 2011. Lazaro applied for review of the Court of Appeal judgment in 2012, registered as Number 09/2012. The review application had not been heard by January 2016 despite being registered four years earlier. Lazaro was detained at Butimba Central Prison. He filed an application with the African Court on Human and Peoples' Rights on 4 January 2016 alleging violations of his rights under the African Charter, including lack of legal representation for his review application and procedural irregularities in his conviction.

Issues

  1. Whether the Court has prima facie jurisdiction to hear 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

  • 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 thirty (30) 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 — Proprio Motu Powers — Death Penalty Cases
Under Article 27(2) of the Protocol to the African Charter and Rule 51(1) of the Rules of Court, 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, even where the applicant has not requested such measures.
Human Rights — Jurisdiction — Prima Facie Jurisdiction — Provisional Measures
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 — Death Penalty — Extreme Gravity — Irreparable Harm
Where an applicant is on death row and there exists a risk of execution of the death penalty which may jeopardise the enjoyment of rights guaranteed under Articles 3 and 7(1) of the African Charter, the situation is one of extreme gravity representing a risk of irreparable harm warranting provisional measures to preserve the status quo ante pending determination of the main application.

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.

Lazaro v United Republic of Tanzania (Application No. 003-2016) [2016] AfCHPR 75 (18 March 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.