Wakilii

Thomas v United Republic of Tanzania (Application No. 005-2013)

African Court on Human and Peoples' Rights · [2015] AfCHPR 22 · 2015 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging violations of the African Charter arising from criminal conviction and appellate proceedings in Tanzania
Decision
Application partly allowed; violations of fair trial rights found; Respondent State directed to remedy violations and report to Court; reparations hearing scheduled

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court held that Tanzania violated the Applicant's rights under Articles 1 and 7(1)(a), (c) and (d) of the African Charter and Article 14(3)(d) of the ICCPR by denying him the right to be heard, to defend himself, and to legal assistance during his criminal trial and appeals. The Court found inordinate delays in the appellate proceedings and failure to provide legal aid for a serious offence carrying a 30-year sentence. The Court denied the Applicant's request for release from prison but directed Tanzania to take measures to remedy the violations within six months.

Outcome

Application partly allowed; violations of fair trial rights found; Respondent State directed to remedy violations and report to Court; reparations hearing scheduled

Facts

Alex Thomas, a Tanzanian national, was convicted of armed robbery in 1997 and sentenced to 30 years imprisonment. He was tried in absentia after being granted bail on grounds of ill health and subsequently hospitalised for eight months with tuberculosis. His conviction was upheld by the High Court in 2000. He then spent over eight years attempting to file an appeal to the Court of Appeal, repeatedly requesting court records which were not provided until 2007. His appeal was finally heard and dismissed in 2009. He filed a Notice of Motion for Review in 2009 but it remained unheard. Throughout these proceedings, he was unrepresented despite repeated requests for legal aid. He filed this Application to the African Court in 2013 alleging violations of his rights under the African Charter.

Issues

  1. Whether the African Court has jurisdiction ratione materiae and ratione personae over the Application
  2. Whether the Application is admissible under Article 56 of the African Charter
  3. Whether the Applicant exhausted local remedies
  4. Whether the Application was filed within a reasonable time after exhaustion of local remedies
  5. Whether the Applicant was denied the right to be heard and to defend himself
  6. Whether there was inordinate delay in the appellate and review proceedings
  7. Whether the Applicant was denied legal aid
  8. Whether there were manifest errors at trial affecting the right to a fair hearing
  9. Whether Tanzania violated its obligation under Article 1 of the Charter to recognise and give effect to Charter rights
  10. Whether the Applicant's right to equality before the law was violated
  11. Whether the delay in proceedings amounted to torture, cruel, inhuman or degrading treatment
  12. Whether the Applicant's right to liberty and security was violated
  13. Whether the Applicant's right to receive information was violated

Orders

  • Respondent's preliminary objections on jurisdiction and admissibility dismissed
  • Application declared admissible
  • Declared no violation of Articles 3, 5, 6, 7(1)(b) and 9(1) of the Charter
  • Declared violation of Articles 1 and 7(1)(a), (c) and (d) of the Charter and Article 14(3)(d) of the ICCPR
  • Applicant's prayer for release from prison denied
  • Respondent directed to take all necessary measures within a reasonable time to remedy the violations, precluding reopening of defence case and retrial
  • Respondent to inform the Court within six months of measures taken
  • Applicant to file submissions on reparations within 30 days
  • Respondent to reply to reparations submissions within 30 days of receipt

Rules and key headnotes

Fair Trial Rights — Right to be Present and Defend Oneself — Trial in Absentia
Article 7(1)(c) of the African Charter and Article 14(3)(d) of the ICCPR require that an accused person be present to defend himself. Where an accused is granted bail on grounds of serious ill health and is subsequently hospitalised during the defence case, it is incumbent on the trial court to make enquiries as to the accused's whereabouts and adjourn proceedings to give him the opportunity to defend himself, particularly where the offence is serious and the accused is unrepresented.
Fair Trial Rights — Right to Legal Assistance — Serious Offences
Where an accused is charged with a serious offence carrying a severe custodial sentence, the interests of justice require that the State provide legal aid free of charge if the accused is indigent and unrepresented. The seriousness of the offence, severity of potential sentence, complexity of the case, and social and personal situation of the defendant are factors to be considered in determining whether legal aid must be provided.
Fair Trial Rights — Reasonable Time — Appellate Proceedings
The right to be tried within a reasonable time under Article 7(1)(d) of the African Charter extends to appellate proceedings. In assessing reasonableness, courts must consider the complexity of the matter, the procedural activities of the interested party, and the conduct of judicial authorities. A delay of over eight years in filing an appeal caused by the State's failure to provide court records constitutes an inordinate delay violating the right to a fair trial.
State Obligations — Article 1 of the African Charter — Duty to Give Effect to Rights
Article 1 of the African Charter imposes an overarching obligation on States to recognise the rights in the Charter and adopt measures to give them effect. This obligation is not fulfilled merely by enacting legislation; the application of those measures must be in line with achieving the rights, duties and freedoms enshrined in the Charter. Where any Charter right is violated, Article 1 is simultaneously violated.
Jurisdiction — African Court — Ratione Materiae
The African Court has jurisdiction ratione materiae over an application as long as the rights allegedly violated are protected by the African Charter or any other human rights instrument ratified by the State concerned. It is not necessary that the specific rights alleged to have been violated are expressly cited in the application; the substance of the complaint must relate to rights guaranteed by the Charter or other ratified instruments.
Admissibility — Exhaustion of Local Remedies — Extraordinary Remedies
An application for review to a Court of Appeal is an extraordinary remedy, not an ordinary remedy that must be exhausted before seizing an international human rights court. Where an applicant has pursued appeals through the highest ordinary court of the land and that court has decided the matter with finality, local remedies are exhausted. It is not necessary to file a constitutional petition to challenge delays in hearing an application for review.
Admissibility — Reasonable Time for Filing — Circumstances of Applicant
The reasonableness of the time limit for seizing an international court depends on the particular circumstances of each case and must be determined case by case. Where an applicant is a lay, indigent, incarcerated person who experienced delays in obtaining court records and attempted to use extraordinary remedies, these constitute sufficient grounds to explain a delay of over three years in filing an application after the State made the required declaration accepting individual access.

Legislation cited (13)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7(1)
  • African Charter on Human and Peoples' Rights Article 9(1)
  • International Covenant on Civil and Political Rights Article 14(3)(d)
  • Criminal Procedure Act (Tanzania) s.181
  • Criminal Procedure Act (Tanzania) s.226
  • Criminal Procedure Act (Tanzania) s.227
  • Criminal Procedure Act (Tanzania) s.387
  • Legal Aid (Criminal Proceedings) Act (Tanzania) s.3
  • Basic Rights and Duties Enforcement Act (Tanzania) 1994

Cases cited (29)

  • Frank David Omary and Others v United Republic of Tanzania (Application No. 001/2012)
  • Peter Joseph Chacha v United Republic of Tanzania (Application No. 003/2012)
  • Communication 333/06 Southern Africa Human Rights NGO Network and Others v Tanzania
  • Beneficiaries of the late Norbert Zongo and Others v Burkina Faso (Application No. 013/2011)
  • Communication 231/99 Avocats Sans Frontières (on behalf of Gaëtan Bwampamye) v Burundi
  • Colozza v Italy (Application No. 9024/80)
  • Case of Suárez-Rosero v Ecuador Judgment of 12 November 1997 (Merits)
  • Communication 301/05 Haregewoin Gebre-Sellaise & Institute for Human Rights and Development in Africa (on behalf of former Dergue officials) v Ethiopia
  • Communication 199/97 Odjouoriby Cossi Paul v Benin
  • Benham v United Kingdom (Application No. 19380/92)
  • Salduz v Turkey (Application No. 36391/02)
  • Communication Number 377/1989 Anthony Currie v Jamaica
  • Moses Muhagama Laurance v Government of Zanzibar Criminal Appeal N[umber] 17 of 2002
  • Thomas Miengi v R[epublic] [1992] JTLR 157
  • Ernest Francis Mtingwi v Republic of Malawi (Application No. 001/2013)
  • Baqmann v Austria (Application No. 76809/01)
  • Communication 375/09 Priscilla Njeri Echaria v Kenya ACHPR 5 November 2011
  • Case of Santiago Marzioni v Argentina 11.673, Report No. 39/96
  • García Ruiz v Spain (Application No. 30544/96)
  • Perez v France (Application No. 47287/99)
  • Dulaurans v France (Application No. 34588/97)
  • Communication 147/95 - 149/96 Sir Dawda K. Jawara v The Gambia
  • Gabriel Shumba v Zimbabwe (Application No. 288/04)
  • Price v United Kingdom Judgment of 10 July 2001
  • Valašinas v Lithuania Judgment of 24 July 2001
  • Pretty v United Kingdom Judgment of 29 April 2002
  • Communications 210/1986 & 225/1987 Earl Pratt & Ivan Morgan v Jamaica
  • Case of Loayza-Tamayo v Peru Merits Judgment of 17 September 1997 Series C No. 33
  • Stoyanov v Bulgaria (Application No. 39206/07)

Full judgment

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Thomas v United Republic of Tanzania (Application No. 005-2013) [2015] AfCHPR 22 (20 November 2015)
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.