The African Court on Human and Peoples’ Rights Delivered Judgments in 7 Cases.
GHRTV
23-03-2022
Clea Strydom
International Justice and Human Rights Researcher,
Global Human Rights Defence.
Yesterday, Thursday, March 24th 2022, the African Court on Human and Peoples’ Rights (“the Court”) delivered seven Judgments, closing its four-week 64th Ordinary Session in Arusha, Tanzania. Short summaries of the 7 judgments are provided below, GHRD will be bringing you more details about the individual judgments as they are published.
- Emil Touray and 6 Others vs The Gambia [1]
The case concerns the Applicant’s rights to freedom of assembly and expression, but the judgment on Thursday did not deal with the merits of the case but rather the admissibility of the case and the Courts jurisdiction. The Gambia did not participate in the proceedings of the case but the Court found that the Respondents had sufficient notice to respond to the claims and appear in Court, therefore the judgment could be delivered in default. The Court found that it had jurisdiction to hear the case but that the case was inadmissible because it was similar to the facts of a previous case that had already been settled.
- Laurent Metognon and Others vs Republic of Benin [2]
The Applicants allege the violation of their right to freedom and security, the right to have their cause heard, and the right not to be condemned for an action or a mission which did not constitute, at the time it occurred, a legally punishable offence. The Court held that the Applicant had failed to exhaust domestic remedies, and thus concluded that the Application is inadmissible.
- Oumar Mariko vs Republic of Mali [3]
The Applicant’s allege the violation of their right to be tried within a reasonable time, the right to be tried by an impartial tribunal, the right to total equality before the law and equal protection of the law. The case also deals with the right to vote and to be elected at genuine, periodic elections by direct ballot, ensuring the freedom of expression of the will of voters. The court found that Mali had violated the right to be tried within a reasonable time, the adversarial principle, the right to an effective remedy, and the individual independence of the members of the Constitutional Court was not guaranteed, thus violating the guarantee of the independence of the courts. The Court found that Mali had had not fulfilled its obligation to strengthen and create independent and impartial electoral bodies.
- Stephen John Rutakikirwa vs United Republic of Tanzania[4]
The case concerns the Applicant’s right to be heard in a court of law and his right to legal representation. The Court rejected the Applicants claim that his right to a fair trial had been violated because the Tanzanian Court of Appeal had considered all the evidence, but held that the Applicant was entitled to and denied free legal representation. The Court denied the Applicant’s request to quash his conviction and sentence and release him from prison but awarded him reparations as fair compensation for the moral prejudice he suffered.
- Joseph Mukwano vs United Republic of Tanzania [5]
The case concerns the Applicant’s, who was sentenced to death by the High Court of Tanzania and confirmed by the Court of Appeal, allegations that the Court of Appeal erred by confirming his conviction because they failed to conduct a thorough examination of the evidence and that he had not received equal protection before the law. The Court found that the Applicant failed to provide sufficient evidence to support either claim, therefore the case was dismissed.
- Rajab Yusuph vs United Republic of Tanzania[6]
At the time of filing the Application, the Applicant was serving a sentence of life imprisonment having been convicted of the offence of rape of a six year old. The Applicant alleged that the Respondent State violated his right to equality before the law and equal protection of the law, his right to have his cause heard, and his right to legal representation. The ruling on Thursday did not deal with the merits of the case and only considered jurisdiction and admissibility. The Court found that it had jurisdiction to hear the case, but held that the case was not admissible because the Applicant had waited seven years, seven months and ten days after exhausting local remedies to apply to the Court, which was held to be unreasonable.
- Application 030/2017 Almas Muwinda and Others vs United Republic of Tanzania[7]
In this case the Applicants alleged a violation of their right to work, especially the right to remuneration, and their right to non-discrimination. The Court dismissed the Applicants’ claim for a violation of their right to work because the Tanzanian Court of Appeal had already delivered judgment and the Court found no basis for interfering with the findings of the Court of Appeal. The Court also found that the Applicants had failed to discharge their burden of proving that they had been discriminated against.
[1] Application N0.026/2020 Emil Touray and 3 Others v. The Republic of the Gambia, Press Release on the Ruling is available at https://www.african-court.org/cpmt/storage/app/uploads/public/623/c39/f03/623c39f031a5b898342256.pdf
[2] Application 031/2018 Laurent Metongnon & 3 others vs Republic of Benin, Press Release on Ruling available at https://www.african-court.org/cpmt/storage/app/uploads/public/623/c3c/172/623c3c1724212464107493.pdf
[3] Application 029/2018 Oumar Mariko vs Republic of Mali, Press Release on Ruling available at https://www.african-court.org/cpmt/storage/app/uploads/public/623/c3b/c79/623c3bc79e0ff203298069.pdf
[4] Application 013/2016 - Stephen John Rutakikirwa vs United Republic of Tanzania, Press Release on Ruling available at https://www.african-court.org/cpmt/storage/app/uploads/public/623/c37/9d5/623c379d51fd3205404276.pdf
[5] Application 021/2016 Joseph Mukwano vs United Republic of Tanzania, Press Release on Ruling available at https://www.african-court.org/cpmt/storage/app/uploads/public/623/c39/144/623c391446b11720655467.pdf
[6] Application 036/2017 Rajabu Yusuph vs United Republic of Tanzania, Press Release on Ruling available at https://www.african-court.org/cpmt/storage/app/uploads/public/623/c3b/469/623c3b4698e5e213239942.pdf
[7] Application 030/2017 Almas Muwinda and Others vs United Republic of Tanzania, Press Release on Ruling available at https://www.african-court.org/cpmt/storage/app/uploads/public/623/c3a/cc6/623c3acc62724964612118.pdf
Sources and Further Readings
African Court of Human and Peoples’ Rights (March 23, 2022). African Court on Human and Peoples’ Rights to Deliver Seven Judgments Tomorrow, Thursday 24 March 2022. https://www.african-court.org/wpafc/african-court-on-human-and-peoples-rights-to-deliver-seven-judgments-tomorrow-thursday-24-march-2022/
African Court of Human and Peoples’ Rights (2022). Application N0.026/2020 Emil Touray and 3 Others v. The Republic of the Gambia Ruling on Jurisdiction and Admissibility, Press Release. https://www.african-court.org/cpmt/storage/app/uploads/public/623/c39/f03/623c39f031a5b898342256.pdf
African Court of Human and Peoples’ Rights (2022). Application 031/2018 Laurent Metongnon & 3 others vs Republic of Benin, Ruling on Jurisdiction and Admissibility, Press Release. https://www.african-court.org/cpmt/storage/app/uploads/public/623/c3c/172/623c3c1724212464107493.pdf
African Court of Human and Peoples’ Rights (2018) Application 029/2018 Oumar Mariko vs Republic of Mali, Ruling on Merits and Reparations, Press Release https://www.african-court.org/cpmt/storage/app/uploads/public/623/c3b/c79/623c3bc79e0ff203298069.pdf
African Court of Human and Peoples’ Rights (2022) Application 013/2016 - Stephen John Rutakikirwa vs United Republic of Tanzania, Ruling on the Merits and Reparations, Press Release. https://www.african-court.org/cpmt/storage/app/uploads/public/623/c37/9d5/623c379d51fd3205404276.pdf
African Court of Human and Peoples’ Rights (2016). Application 021/2016 Joseph Mukwano vs United Republic of Tanzania, Ruling on Merits and Reparations, Press Release. https://www.african-court.org/cpmt/storage/app/uploads/public/623/c39/144/623c391446b11720655467.pdf
African Court of Human and Peoples’ Rights (2017). Application 036/2017 Rajabu Yusuph vs United Republic of Tanzania, Ruling on Jurisdiction and Merits, Press Release. https://www.african-court.org/cpmt/storage/app/uploads/public/623/c3b/469/623c3b4698e5e213239942.pdf
African Court of Human and Peoples’ Rights (2017). Application 030/2017 Almas Muwinda and Others vs United Republic of Tanzania, Ruling on Merits and Reparations, Press Release. https://www.african-court.org/cpmt/storage/app/uploads/public/623/c3a/cc6/623c3acc62724964612118.pdf
