Pan African court dismisses four charges against the Tanzanian government

ARUSHA: THE African Court on Human and Peoples’ Rights sitting in Arusha has dismissed all the four charges filed against the government of Tanzania, signaling the regional court’s trust on local judiciary.

Advocate of the High Court Emmanuel Sood who represented some of the applicants in the cases against the Tanzanian government, pointed out that however, the court had ruled positively on some minor requests for compensations.

The African court has therefore shown trust on decisions and ruling issued by local courts in Tanzania,” said Advocate Sood who is also a lecturer at the Saint Augustine University in Mwanza.

According to the legal experts, most applicants seem to be trying to contest against death penalties for it to be either abolished or be given lesser charges.

In the first instance the African court delivered a judgment in the case of Godfrey Gabinus Ndimba and two Others against the United Republic of Tanzania.

The Applicants are nationals of the United Republic of Tanzania (the Respondent State) who, at the time of filing their application, were incarcerated at Lindi District Prison in Lindi Region awaiting the execution of their death sentences after having been tried and convicted of murder.

The Applicants alleged violation of their rights during proceedings before domestic courts.

In the second matter, the African Court delivered a judgment in the case of Idd Kiture versus the United Republic of Tanzania (the Respondent State).

At the time of filing this Application, Kiture was incarcerated at Ukonga Central Prison, Dar es Salaam, Tanzania, having been tried, convicted and sentenced to 30 years of imprisonment for the offence of rape of a minor and for committing an unnatural offence.

He alleged violation of his rights during proceedings before the national courts.

The African Court on Human and Peoples’ Rights (the Court) also delivered a judgment in the case of Chacha Jeremiah and Others versus the United Republic of Tanzania.

The applicants, Chacha Jeremiah, Methew Jeremiah Daud and Paschal Ligoye Mashiku are also Tanzanian nationals who at the time of filing the Application, were incarcerated at Butimba Central Prison, Mwanza, having been convicted of murder and sentenced to death by hanging.

The Applicants alleged that the Respondent State violated their right to life, right to inherent dignity, right to be represented by counsel of one’s choice, right to be tried within a reasonable time and the right to be heard, protected under Articles 4, 5, 7(1)(c), 7(1)(d) and 7(1) of the African Charter on Human and Peoples’ Rights (the Charter) respectively with regards to the proceedings at the national courts.

The Court also delivered a judgment in the case of Masudi Said Selemani versus the United Republic of Tanzania, who at the time of filing the Application, he was incarcerated at Lilungu Central Prison in the Mtwara Region, having been convicted of murder and sentenced to death, by hanging.

The Applicant alleged that the Respondent State violated his right to life, right to inherent dignity, right to be represented by counsel of his choice, right to be tried within a reasonable time and the right to be heard protected under Articles 4, 5, 7(1)(c), 7(1)(d) and 7(1) of the African Charter on Human and Peoples’ Rights (the Charter) respectively with regards to the proceedings at the national court.

The African Court also delivered a judgment in the case of Idd Kiture v. United Republic of Tanzania who was incarcerated at Ukonga Central Prison, Dar es Salaam, Tanzania, having been tried, convicted and sentenced to 30 years of imprisonment for the offence of rape of a minor and for committing an unnatural offence.

He also alleged violation of his rights during proceedings before the national courts.

The Respondent State raised an objection to the Court’s material jurisdiction on two grounds, First, that the Court is not vested with jurisdiction to entertain this Application.

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Secondly, the interpretation and application of the of the African Charter on Human and Peoples’ Rights (the Charter) and the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol) does not confer jurisdiction on the Court to set the Applicant at liberty.

The rulings were issued by the African court through a panel of judges including Justice Blaise Tchikaya President of the court, Lady Justice Ntyam Ondo Mengue, Judge of the court, Lady Justice Stella Anukam Judge of the court and Justice Dennis Dominic Adjey also Judge of the court