e-oLS

ctdll

(,,

NOZOl rl9

000305

Iudgm J,,.

Shukrani Masegenya ManiJo ahd others v. Tanzania

Application No. 00812015

Separate Opinion
of
fudge Blaise Tchikala
1

Like my honourablercolfeagues, I subscribe to the Operative Part of this
Judgement (Shukraii Masegenya Mango and others v. United Republic of
Tanzania). The Application which brought the case before this Court was,
after lengthy deliberations, ultimately inadmissible. I hereby wish to
explain the reasons for this and also show that the Court should have
given fuither consideration to the argument drawn from the presidential
pardon which was, in the instant case, heavily impugned. It is true that
whatever the consideration, I share the opinion that the Opttative Part
would have been the same because of the prior inadmissibility. Howevet,
the law applicable to the issue of "presidential pardon" in international
human rights law deserved to be clarified.
Masegenya Mango, Ally Hussein Mwinyi, Juma Zuberi
Abasi, Julius Joshua Masania, Michael Jairos, Azizi Athuman Buyogela,
Samwel M. Mtakibidya, nationals of Tanzania, were convicted of murder
and armed robbery in various cases. With the exception of Ally Hussein

2. Messrs Shulcrani

Mwinyi, who died on 11 May 2015, the Applicants are serving their
sentences at Ukonga Central Prison in Dar-es-Salaam. It was a joint
Application. The Applicants all claimed therein, without particular legal
data, "to be aggrieved by the manner in which authorities in the
Respondent State have exercised the prerogative of mercy which is vested
in the President of the Respondent State".r

3. The case will not renew the jurisprudence of the Court. It is a unique case.
Being inchoately in the Yogogombaye case (15 December 2009),2 but
obviously present in African Commission on Human and Peoples' Rights

AfCHPR, Judgement, Shukrani Masegenya Mango and others v. Tanzania, 26 September 201 9, $6.
AfCHPR, Yogogombaye case, 15 December 2009: Dissenting Opinion of Judge Fatsa Ouguergouz;
see Tchikaya (B.), The first decision on the merits of the African Court on Human and Peoples'
Rights: the Yogogombaye v. Senegal case (15 December 2009), A/rican Yearhook of Human Rights,
Vol.2 (2018), p.509.
1

2

1.

:

t

Select target paragraph3