Wakilii

Lyambaka v United Republic of Tanzania

African Court on Human and Peoples' Rights · [2020] AfCHPR 30 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging violations of the African Charter arising from criminal conviction and sentencing in Tanzania
Decision
Application declared inadmissible for failure to file within a reasonable time

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights held that it has jurisdiction to hear applications alleging violations of the African Charter, but the application was inadmissible because it was not filed within a reasonable time. The applicant filed the application five years, eleven months and twenty-seven days after the Respondent State deposited its Declaration accepting the Court's jurisdiction, without providing clear justification for the delay.

Outcome

Application declared inadmissible for failure to file within a reasonable time

Facts

The applicant, a Tanzanian national, was convicted by the District Court of Musoma on 16 July 2002 for armed robbery and gang rape, receiving sentences of thirty years and life imprisonment respectively. He appealed to the High Court of Tanzania at Mwanza, which dismissed his appeal on 2 July 2004. He further appealed to the Court of Appeal, which dismissed his appeal on 16 March 2007. Tanzania deposited its Declaration accepting the African Court's jurisdiction on 29 March 2010. The applicant filed this application on 26 February 2016, alleging violations of his rights to a fair trial and legal representation.

Issues

  1. Whether the Court has jurisdiction to hear the Application
  2. Whether the Application meets the admissibility requirements under Article 56 of the Charter
  3. Whether the Applicant exhausted local remedies before filing the Application
  4. Whether the Application was filed within a reasonable time

Orders

  • Objection to material jurisdiction dismissed.
  • Court has jurisdiction.
  • Objection based on non-exhaustion of local remedies dismissed.
  • Application was not filed within a reasonable time within the meaning of Article 56(6) of the Charter and Rule 40(6) of the Rules.
  • Application declared inadmissible.
  • Each party to bear its own costs.

Rules and key headnotes

African Court Jurisdiction — Material Jurisdiction — Appellate Review Distinguished from Human Rights Supervision
The African Court on Human and Peoples' Rights does not exercise appellate jurisdiction over domestic court decisions, but is empowered under Article 3(1) of the Protocol to ensure observance of obligations under the Charter and other human rights instruments by examining whether domestic proceedings were conducted in accordance with international human rights standards.
Admissibility — Exhaustion of Local Remedies — Extraordinary Remedies
An applicant is not required to exhaust extraordinary remedies such as applications for review or constitutional petitions before filing an application with the African Court. Where an applicant has appealed to the highest court of the state, the requirement of exhaustion of local remedies is satisfied.
Admissibility — Reasonable Time — Burden of Proof for Delay
The reasonableness of time for filing an application under Article 56(6) of the Charter depends on the particular circumstances of each case and must be determined case-by-case. Failure to file within a reasonable time due to indigence and incarceration must be proved and cannot be justified by blanket assertions or assumptions. Where an applicant is incarcerated but does not prove that incarceration constituted an impediment to timely filing, and provides no clear justification for a delay of nearly six years, the application is inadmissible.
Admissibility — Cumulative Conditions — Effect of Failure to Meet One Condition
The conditions of admissibility under Article 56 of the Charter are cumulative. Failure to fulfil any one of them renders the application inadmissible.

Legislation cited (15)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 6(2)
  • 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)
  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3(1)
  • African Charter on Human and Peoples' Rights Article 3(2)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 56(5)
  • African Charter on Human and Peoples' Rights Article 56(6)
  • Constitution of the United Republic of Tanzania Article 1
  • Constitution of the United Republic of Tanzania Article 107A(2)
  • Basic Rights and Duties Enforcement Act Cap 3 R.E. 2002
  • Tanzanian Court of Appeal Rules 2009 Part IIIB Rule 66

Cases cited (19)

  • Ernest Francis Mtingwi v Republic of Malawi (Application No. 001/2013)
  • Kenedy Ivan v United Republic of Tanzania (Application No. 025/2016)
  • Armand Guehi v United Republic of Tanzania (Application No. 001/2015)
  • Mohamed Abubakari v United Republic of Tanzania (Application No. 007/2013)
  • Alex Thomas v United Republic of Tanzania (Application No. 005/2013)
  • Christopher Jonas v. Tanzania (merits)
  • Ingabire Victoire Umuhoza v Republic of Rwanda (Application No. 003/2014)
  • Andrew Ambrose Cheusi v United Republic of Tanzania (Application No. 004/2015)
  • Jebra Kambole v United Republic of Tanzania (Application No. 018/2018)
  • Dismas Bunyerere v United Republic of Tanzania (Application No. 031/2015)
  • Norbert Zongo and Others v Burkina Faso (Application No. 013/2011)
  • Wilfred Onyango Nganyi and 9 Others v United Republic of Tanzania (Application No. 006/2013)
  • Thomas Mang'ara Mango and Shukurani Masegenya Mango v United Republic of Tanzania (Application No. 037/2014)
  • Werema Wakongo Werema and Waisiri Wakongo Werema v United Republic of Tanzania (Application No. 016/2015)
  • Michael Majuru v. Zimbabwe
  • Jibu Amir alias Mussa and Another v United Republic of Tanzania (Application No. 014/2015)
  • Godfred Anthony and Another v United Republic of Tanzania (Application No. 015/2015)
  • Livinus Daudi Manyuka v United Republic of Tanzania (Application No. 020/2015)
  • Dexter Eddie Johnson v Republic of Ghana (Application No. 016/2017)

Full judgment

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Lyambaka v United Republic of Tanzania [2020] AfCHPR 30 (25 September 2020)
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.