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Rajabu and Others v United Republic of Tanzania (Application No. 007-2015)

African Court on Human and Peoples' Rights · [2016] AfCHPR 77 · 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 following death sentence confirmed by Tanzanian Court of Appeal
Decision
Provisional measures granted; execution of death sentences 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 execution of death sentences imposed on five Tanzanian applicants. 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 7 of the African Charter and Article 14 of the ICCPR. The Respondent was ordered to refrain from executing the death penalty pending determination of the main application.

Outcome

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

Facts

Five Tanzanian citizens were sentenced to death by the High Court of Tanzania at Moshi on 25 November 2011 for murder. The Court of Appeal of Tanzania confirmed the death sentence on 25 March 2013. The applicants were held at Arusha Central Prison. They alleged violations including manifest errors on the record, unsatisfactory identification evidence with discrepancies among prosecution witnesses, non-compliance with preliminary hearing procedures under Section 192(5) of the Criminal Procedure Act, and failure by the prosecution to call important witnesses. The application was filed on 10 December 2014 and received by the African Court Registry on 26 March 2015.

Issues

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

Orders

  • The Respondent shall refrain from executing the death penalty against the Applicants pending the determination of the main application.
  • The Respondent shall report to the Court within thirty (30) 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 — Proprio Motu Powers — Death Penalty
The African Court on Human and Peoples' Rights may order provisional measures proprio motu under Article 27(2) of the Protocol and Rule 51(1) of the Rules in cases of extreme gravity and when necessary to avoid irreparable harm to persons, even where the applicant has not requested such measures.
Human Rights — Jurisdiction — Prima Facie Jurisdiction — Provisional Measures
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 — Irreparable Harm
Where applicants are on death row and there is a risk of execution of the death sentence which may jeopardise the enjoyment of rights guaranteed under Article 7 of the African Charter and Article 14 of the ICCPR, the situation is one of extreme gravity representing a risk of irreparable harm warranting provisional measures.

Legislation cited (8)

  • 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 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)
  • African Charter on Human and Peoples' Rights Article 7
  • International Covenant on Civil and Political Rights Article 14
  • Criminal Procedure Act s.192(5)

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.

Rajabu and Others v United Republic of Tanzania (Application No. 007-2015) [2016] AfCHPR 77 (18 March 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.