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Msuguri v United Republic of Tanzania (Application No. 052-2016)

African Court on Human and Peoples' Rights · [2016] AfCHPR 55 · 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 challenging delay in review proceedings and alleged trial errors
Decision
Provisional measures granted; execution of death penalty stayed pending determination of main application

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights ordered provisional measures proprio motu to prevent Tanzania from executing a death row prisoner 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 the African Charter.

Outcome

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

Facts

The Applicant was sentenced to death by the High Court of Tanzania at Bukoba on 30 July 2010. The Court of Appeal of Tanzania confirmed the death sentence on 11 March 2013. The Applicant filed Application No. 7 of 2013 to the Court of Appeal seeking review of its decision, but that application had not been considered. The Applicant is currently detained at Butimba Central Prison. He alleges that the delay in considering his review application violates his right to a fair trial under Article 13(6) of the Tanzanian Constitution, and that both courts erred in dispensing with the defence of insanity due to intoxication contrary to Section 14(2) of the Penal Code.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application.
  2. Whether the Court should order provisional measures 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 sixty (60) 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 — Power of Court to Order Proprio Motu
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, and which it deems necessary to adopt in the interest of the parties or of justice.
Human Rights — Provisional Measures — Prima Facie Jurisdiction
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 and Irreparable Harm
Where an applicant is on death row and there exists a risk that execution of the death penalty will jeopardise the enjoyment of rights guaranteed under the African Charter, the situation is one of extreme gravity and represents a risk of irreparable harm warranting provisional measures to preserve the status quo pending determination of the main application.

Legislation cited (9)

  • African Charter on Human and Peoples' Rights Article 3(2)
  • African Charter on Human and Peoples' Rights Article 7(1)(a)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • 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 5
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 27(2)
  • 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 Tanzania Article 13(6)
  • Penal Code of Tanzania CAP 16 s.14(2)

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.

Msuguri v United Republic of Tanzania (Application No. 052-2016) [2016] AfCHPR 55 (18 November 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.