Wakilii

Zabron v United Republic of Tanzania (Application No. 051-2016)

African Court on Human and Peoples' Rights · [2016] AfCHPR 54 · 2016 Provisional Measures Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures following death sentence confirmed by Court of Appeal of Tanzania
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 his application alleging violations of fair trial rights. The Court found prima facie jurisdiction and determined that the situation presented extreme gravity and risk of irreparable harm.

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 Tabora on 25 June 2012. The Court of Appeal of Tanzania confirmed the death sentence on 25 September 2013. The Applicant is currently detained at Butimba Central Prison. He alleges violations of his fundamental rights during trial, including that his evidence was not considered without reasons given, he was denied an interpreter and could not understand the court language, the courts made improper and discriminatory evaluation of evidence relying on prosecution witnesses lacking credibility, and the prosecution failed to prove its case beyond reasonable doubt particularly regarding the doctrine of recent possession concerning ownership of a bicycle. The Applicant filed an application with the African Court on 1 September 2016.

Issues

  1. Whether the Court has prima facie jurisdiction to deal with the Application.
  2. Whether provisional measures should be ordered 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 — Proprio Motu Powers — Extreme Gravity and Irreparable Harm
Under Article 27(2) of the Protocol and Rule 51(1) of the Rules, 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 — Standard of Proof
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 — Provisional Measures — Risk of Execution
Where an applicant is on death row and there exists a risk that execution of the death penalty will jeopardize the enjoyment of rights guaranteed under the African Charter, the situation presents extreme gravity and risk of irreparable harm warranting provisional measures to preserve the status quo 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.

Zabron v United Republic of Tanzania (Application No. 051-2016) [2016] AfCHPR 54 (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.