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

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 African Court on Human and Peoples' Rights granted the Applicant leave to amend his application and submit further evidence within fifteen days. The Court also granted leave to amend submissions on reparations within fifteen days if needed. The Court reserved its decision on whether to hold a public hearing.

Outcome

Applicant granted leave to amend application and file further evidence; decision on public hearing reserved

Facts

John Lazaro was convicted of murder under Section 196 of the Penal Code of Tanzania and sentenced to death by the High Court of Tanzania at Bukoba on 6 August 2010 in Criminal Session No. 88/2004. His conviction and sentence were upheld by the Court of Appeal of Tanzania at Mwanza on 28 November 2011 in Criminal Appeal No. 230/2010. The Applicant brought an application before the African Court on Human and Peoples' Rights seeking leave to amend his Notice of Appeal, file further evidence, obtain additional time to submit documents, defer judgment until further submissions were made, and have the case heard in oral proceedings. The Respondent State did not respond to the motion.

Issues

1. Whether the Applicant should be permitted to amend his Notice of Appeal.
2. Whether the Applicant should be permitted to file further evidence in his defence.
3. Whether the Applicant should be allowed 90 days to submit additional documents.
4. Whether the drafting or issuing of judgment should be deferred until the Applicant has made further submissions.
5. Whether the case should be heard in oral proceedings.

Orders

• Grants the Applicant leave to amend the Application and submit further evidence in support of the Application, within fifteen (15) days of notification of this Order.
• Grants the Applicant leave to file amend his submissions on reparations within fifteen (15) days of notification of this Order if need be.
• Reserves its decision on the holding of a public hearing.

Legislation cited (7)

• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
• 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)
• Rules of Court Rule 8(2)
• Rules of Court Rule 50
• Rules of Court Rule 27
• Rules of Court Rule 71
• Penal Code of the United Republic of Tanzania s.196

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