Library • African Human Rights CLA 2.0

005/2013 Alex Thomas v. United Republic of Tanzania

Case Summary: The Applicant states that he is a convict serving a 30 year custodial sentence at Karanga Central Prison at Moshi, Kilimanjaro Region, the United Republic of Tanzania following his conviction on 3 June 1998. He alleges that there has been an undue delay in consideration of his request for the review of the decision of the Court of Appeal of 29 May 2009 to uphold his conviction and that the the Trial and Appellate Courts erred in law by convicting him. He therefore requests that the Court quashes the decisions by the trial court and the appellate courts convicting him of the offences he was charged with, acquits him and sets him free.

Keywords

Arbitrary Arrest and Detention
Domestic/National Laws
Functioning and Independence of the Judiciary
Right to Fair Trial

Country

Tanzania

ACHPR Rights Violated

ACHPR 1: General Obligations
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

ACHPR Rights Not Violated

ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 9.1: Right to Receive Information:

Outcome

Decided on Merits

Duration of Procedure: Aug 2, 2013 ~ Feb 2, 2015

Case Timeline

Aug 25, 2015 ~ Nov 20, 2015

AfCHPR Matter

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012/2015 – Anudo Ochieng Anudo v. United Republic of Tanzania

Case Summary: The Applicant who is a citizen of the United Republic of Tanzania and Director General of an NGO named “Tanzania Human for People Rights” was expelled from the territory by the Tanzanian Immigration services because of corruption. contends that he was expelled “illegally” in inhuman, undignified and degrading conditions. He further submits that he and all his biological parents are Tanzanians by birth. His rights to citizenship as guaranteed by the Tanzanian Constitution and International Law have been violated.

Keywords

Citizenship/Nationality and Related Rights
Equality Before the Law
Expulsion from a State
Freedom of Movement
Participation in Government
Personal Liberty
Protection of Family and Vulnerable Groups
Right to be Heard before a Competent Court
Right to Health
Right to Work

Country

Tanzania

ACHPR Rights Alleged to be Violated

ACHPR 12: Right to Freedom of Movement
ACHPR 13: Right to Participate in Government
ACHPR 15: Right to Work
ACHPR 16: Right to Health
ACHPR 17.2: Freedom to Participate in Community Cultural Life
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.b : Innocent Until Proven Guilty

ACHPR Rights Violated

ACHPR 7: Right to Fair Trial

Outcome

Decided on Merits

Duration of Procedure: May 24, 2015 ~ Mar 7, 2017

Case Timeline

May 24, 2015 ~ Mar 22, 2018

AfCHPR Matter

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003/2014 Ingabire Victoire Umuhoza v Rwanda

Case Summary: The Applicant, Ms. Ingabire Victoire Umuhoza, who is a Rwandan citizen, contends that when the genocide in Rwanda started in April 1994 she was in the Netherlands to further her university education in economics and business administration. However, upon her return to Rewanda (after seventeen years) to contribute to national development by forming a political party, she was remanded, placed under detention and charge with the crime of spreading the ideology of genocide, aiding and abetting terrorism, sectarianism and divisionism, undermining the internal security of a state, establishment of an armed branch of a rebel movement, and attempted recourse to terrorism, armed force and any form of violence to destabilize established authority and violate constitutional principles.

Keywords

Equality Before the Law
Freedom of Expression / Digital Rights
Genocide
Sectarianism and Divisionism
State Internal Security
Terrorism
Transitional Justice
Withdrawal of Declaration under Article 34(6) - AfCHPR Protocol

Country

Rwanda

ACHPR Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 15: Right to Work
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 7.1.c: Right to Defence
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

ACHPR Rights Violated

ACHPR 7.1.c: Right to Defence
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

ACHPR Rights Not Violated

ACHPR 7.1: Right to be Heard
ACHPR 7.1.c: Right to Defence
ACHPR 7.2 : Legal Offense without Retrospection

Outcome

Decided on Merits

Duration of Procedure: Oct 3, 2015 ~ Mar 22, 2017

Case Timeline

Oct 3, 2015 ~ Nov 24, 2017

AfCHPR Matter

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016/2015 – General Kayumba Nyamwasa and Others v. Republic of Rwanda

Case Summary: The Applicants are citizens of the Republic of Rwanda who are currently in exile in South Africa, having fled from Rwanda, they allege that they are against the exercise in Rwanda to amend the Constitution to allow for the current President to run for the third term.

Keywords

Freedom of Movement
Participation in Government
Transitional Justice
Withdrawal of Declaration under Article 34(6) - AfCHPR Protocol

Country

Rwanda

ACHPR Rights Alleged to be Violated

ACHPR 13: Right to Participate in Government

Outcome

Order of Provisional Measures
Outcome Inconclusive

Case Timeline

Jul 22, 2015 ~ Jun 3, 2018

AfCHPR Matter

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006/2012 African Commission on Human and Peoples’ Rights v. Republic of Kenya

Case Summary: The Application is in respect (of the Ogiek of the Mau Forest) - an indigenous minority ethnic group in Kenya, about 15,000 of whom inhabit the greater Mau Forest complex. In October 2009, through the Kenya Forestry Service, the Kenyan Government issued a thirty (30) days eviction notice to the Ogiek and other settlers of the Mau Forest, The Application contends the eviction, and that the decision of the Kenyan Government will have far reaching implications on the political, social and economic survival of the Ogiek Community.

Keywords

Damages and Compensation
Domestic/National Laws
Forced Eviction
Indigenous Communities

Country

Kenya

ACHPR Rights Alleged to be Violated

ACHPR 1: General Obligations
ACHPR 14: Right to Property
ACHPR 17.2: Freedom to Participate in Community Cultural Life
ACHPR 2: Freedom from Discrimination
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 8: Right to Freedom of Conscience

ACHPR Rights Violated

ACHPR 1: General Obligations
ACHPR 14: Right to Property
ACHPR 17.2: Freedom to Participate in Community Cultural Life
ACHPR 2: Freedom from Discrimination
ACHPR 21: People's Right to Free Disposal of Wealth and Natural Resources
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 8: Right to Freedom of Conscience

ACHPR Rights Not Violated

ACHPR 4: Right to Life and Integrity

Outcome

Decided on Merits

Duration of Procedure: Jul 12, 2012 ~ Nov 28, 2014

Case Timeline

Jul 12, 2012 ~ May 26, 2017

AfCHPR Matter

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02-07_JUD_DO1 Mike Campbell (Pvt) Ltd. & 78 Others v. Zimbabwe

Case Summary: The Land re-distribution program in Zimbabwe

Keywords

Right to Property

Country

Zimbabwe

Country Geolocation: Zimbabwe: 19° 0′ 56″ S, 29° 9′ 17″ E

SADC Tribunal Matter

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002/2013 The African Commission on Human and Peoples’ Rights v Libya

Case Summary: The victim (Saif Al-Islam Gaddafi) who is the second son of the former Libyan President Muammar Gaddafi was detained by the National Transitional Council and has been in isolation since 19 November 2011, without access to family, friends or any lawyer. He has, to date, not been charged with any offence, or brought before any Court.

Keywords