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Mukwano v United Republic of Tanzania (Order for Provisional Measures) (Application 021-2016)

African Court on Human and Peoples' Rights · [2016] AfCHPR 48 · 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 the main 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 Article 3(2) of the African Charter.

Outcome

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

Facts

Joseph Mukwano was sentenced to death by the High Court of Tanzania at Bukoba on 15 July 2010. The Court of Appeal of Tanzania confirmed the death sentence on 7 March 2013. Mukwano then applied to the Court of Appeal for review of its judgment in 2013. While detained at Butimba Central Prison, Mukwano filed an application with the African Court on Human and Peoples' Rights alleging violations of his human rights, including that his conviction was wrongly based on possession of stolen articles and on extra-judicial statements. The application was received at the Court's Registry on 5 April 2016 and served on Tanzania on 10 May 2016. Mukwano did not request provisional measures in his application.

Issues

  1. Whether the Court has prima facie jurisdiction to deal with the Application.
  2. Whether the circumstances warrant the Court ordering provisional measures proprio motu to prevent execution of the death penalty.

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 — Prima Facie Jurisdiction
In ordering provisional measures, the African Court on Human and Peoples' Rights 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 — Provisional Measures — Proprio Motu Power
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.
Criminal Law & Procedure — Death Penalty — Provisional Measures to Prevent Execution
Where an applicant is on death row and there exists a situation of extreme gravity and a risk of irreparable harm, the African Court on Human and Peoples' Rights will order provisional measures to prevent execution of the death penalty pending determination of the main application, as execution would jeopardise the enjoyment of rights guaranteed under Article 3(2) of the African Charter.

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.

Mukwano v United Republic of Tanzania (Order for Provisional Measures) (Application 021-2016) [2016] AfCHPR 48 (3 June 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.