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Nhabi v United Republic of Tanzania (Application No. 004-2018)

African Court on Human and Peoples' Rights · [2019] AfCHPR 61 · 2019 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 following conviction and death sentence upheld by Tanzanian courts
Decision
Provisional measures granted; execution of death sentence 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 staying execution of the applicant's death sentence pending determination of the main application. The Court found it had prima facie jurisdiction and that the circumstances of extreme gravity and urgency required preservation of the status quo to avoid irreparable harm.

Outcome

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

Facts

The applicant was convicted of murder and sentenced to death by hanging on 7 March 2008 by the High Court of Tanzania sitting in Tabora. On 24 June 2011, the Court of Appeal in Tabora upheld the sentence. An appeal for review before the Court of Appeal was dismissed on 5 October 2015. The applicant, currently imprisoned in Uyui Central Prison, filed an application with the African Court on Human and Peoples' Rights on 2 March 2018, alleging violations of his human rights. He claimed the trial was marred by irregularities and that both courts erred in their assessment of prosecution and visual identification evidence. The applicant requested provisional measures to stay execution of the death sentence.

Issues

  1. Whether the Court has prima facie jurisdiction to entertain the application
  2. Whether provisional measures should be ordered to stay execution of the death sentence pending determination of the main application

Orders

  • Stay of execution of the death sentence, subject to the decision on the main Application.
  • Respondent State to report to the Court within sixty (60) days of receipt of this Order on the measures taken to implement it.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
Before 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 needs only to ensure that it has prima facie jurisdiction.
Human Rights — Provisional Measures — Conditions for Grant
In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the African Court on Human and Peoples' Rights shall adopt such provisional measures as it deems necessary in the interest of the parties or of justice.
Criminal Law & Procedure — Death Penalty — Stay of Execution Pending Appeal
Where an applicant has been sentenced to death and the circumstances bear the risk that execution may impair the enjoyment of rights protected under the African Charter on Human and Peoples' Rights, the Court will exercise its powers to order a stay of execution pending determination of the main application.

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.

Nhabi v United Republic of Tanzania (Application No. 004-2018) [2019] AfCHPR 61 (20 March 2019)
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.