Makungu v United Republic of Tanzania (Application No. 006-2016)

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 held that Tanzania violated the applicant's right to appeal under Article 7(1)(a) of the African Charter by failing for over twenty years to provide certified true copies of records of proceedings and judgments from two criminal convictions, thereby preventing him from exercising his right to appeal. The Court ordered the applicant's release from prison within thirty days. The Court found no violation of the rights to equality before the law or non-discrimination, as the applicant failed to prove these claims.

Outcome

Applicant ordered released from prison within thirty days; Respondent State ordered to provide certified true copies of records of proceedings and judgments

Facts

The applicant, a Tanzanian national, was convicted of robbery with violence in Criminal Case No. 278 of 1995 and sentenced to fifteen years imprisonment on 15 April 1996. He was convicted of armed robbery in Criminal Case No. 244 of 1995 and sentenced to fifteen years imprisonment on 18 June 1996, both at the District Court of Bunda. He filed notices of appeal on 16 April 1996 and 22 June 1996 respectively. Despite numerous requests over twenty years to judicial authorities, the Commission on Human Rights and Good Governance, and filing a miscellaneous criminal application at the High Court, the applicant was never provided with certified true copies of the records of proceedings and judgments necessary to file his appeals. The High Court dismissed his application seeking leave to file appeals without the records. By the time of this application, the applicant had served twenty years of his thirty-year total sentence without having been able to exercise his right to appeal.

Issues

1. Whether the Respondent State violated the Applicant's right to appeal under Article 7(1)(a) of the African Charter by failing to provide certified true copies of records of proceedings and judgments.
2. Whether the Respondent State violated the Applicant's right to equality before the law and equal protection of the law under Article 3(1) and (2) of the African Charter.
3. Whether the Respondent State violated the Applicant's right to non-discrimination under Article 2 of the African Charter.

Orders

• The Court has jurisdiction.
• The objection on admissibility is dismissed.
• The Application is admissible.
• The Respondent State has not violated Article 2 of the Charter regarding the right to non-discrimination.
• The Respondent State has not violated Article 3(1) and 3(2) of the Charter regarding the right to equality before the law and equal protection of the law.
• The Respondent State violated Article 7(1)(a) of the Charter by failing to provide the Applicant with certified true copies of the records of proceedings and judgments in Criminal Case No. 244 of 1995 and Criminal Case No. 278 of 1995.
• The Respondent State is ordered to provide the certified true copies to the Applicant.
• The Respondent State is ordered to release the Applicant from prison within thirty (30) days of this Judgment.
• Decision on other forms of reparation is reserved.
• The Applicant may file written submissions on other forms of reparation within sixty (60) days; the Respondent State to respond within thirty (30) days of receipt.
• The Respondent State shall submit a report on measures taken within sixty (60) days of notification.
• Decision on costs is reserved.

Rules and key headnotes

Legislation cited (12)

• 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)(a)
• 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)
• 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)
• Constitution of the United Republic of Tanzania 1977 Article 13(1)
• Constitution of the United Republic of Tanzania 1977 Article 13(3)
• Constitution of the United Republic of Tanzania 1977 Article 13(6)(a)
• Constitution of the United Republic of Tanzania 1977 Article 26(1)
• Constitution of the United Republic of Tanzania 1977 Article 26(2)
• Basic Rights and Duties Enforcement Act

Cases cited (12)

• Norbert Zongo and Others v Burkina Faso (Application No. 013/2011)
• Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v United Republic of Tanzania (Application No. 006/2015)
• Kennedy Owino Onyachi and Charles John Mwanini Njoka v United Republic of Tanzania (Application No. 003/2015)
• Kijiji Isiaga v United Republic of Tanzania (Application No. 032/2015)
• Action Pour La Protection Des Droits De L'Homme v Cote d'Ivoire (Application No. 001/2014)
• Mohamed Abubakari v United Republic of Tanzania (Application No. 007/2013)
• Christopher Jonas v United Republic of Tanzania (Application No. 011/2015)
• African Commission on Human and Peoples' Rights v Republic of Kenya (Application No. 002/2012)
• Reverend Christopher R. Mtikila v United Republic of Tanzania (Application No. 011/2011)
• Diocles William v United Republic of Tanzania (Application No. 016/2016)
• Minani Evarist v United Republic of Tanzania (Application No. 027/2015)
• Thobias Mango Mang'ara and Shukurani Masegenya Mango v United Republic of Tanzania (Application No. 005/2015)

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