The African Court on Human and Peoples’ Rights is set to deliver judgment in seven cases tomorrow.
GHRTV
23-03-2022
Clea Strydom
International Justice and Human Rights Researcher,
Global Human Rights Defence.
Tomorrow, Thursday, March 24th 2022, The African Court on Human and Peoples’ Rights will deliver seven Judgments, closing its four-week 64th Ordinary Session in Arusha, Tanzania. The Court meets four times a year in Ordinary Sessions and may hold Extra-Ordinary Sessions. The Court is composed of eleven Judges, nationals of the Member States of the African Union, and elected in their individual capacity. The delivery of judgments can be watched on YouTube and will commence at 10:00 am (East Africa Time) (GMT+3), March 24th, 2022. [1] GHRD will be bringing you updates on the judgments as they are published. Judgments will be delivered on the following case:
- Emil Touray and 6 Others vs The Gambia [2]
The case concerns the Applicant’s rights to freedom of assembly and expression.
- Laurent Metognon and Others vs Republic of Benin [3]
The Applicants allege the violation of their right to freedom and security, protected by Article 6 of the African Charter on the Rights, the right to have their cause heard, protected, 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.
- Oumar Mariko vs Republic of Mali [4]
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.
- Stephen John Rutakikirwa vs United Republic of Tanzania[5]
The case concerns the Applicant’s right to be heard in a court of law and his right to legal representation.
- Joseph Mukwano vs United Republic of Tanzania [6]
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 by the High Court although the conviction was wrongly based on possession of stolen articles; and that the Court of Appeal erred by confirming his conviction by the High Court although the conviction was based on extra-judicial statements/confessions provided by himself and his co-accused.
- Rajab Yusuph vs United Republic of Tanzania[7]
The Applicant alleged violations of his human rights on the basis that the charge on which he was convicted and sentenced did not contain a reference to the law in terms of which he was charged; that he was denied a fair hearing because the Court disregarded his age (under the age sixteen (16)); that the sentence of life in prison is unfair; and finally that he was not afforded legal representation.
- Application 030/2017 Almas Muwinda and Others vs United Republic of Tanzania[8]
In this case the Applicants allege that they were employed on a permanent and pensionable basis by Urafiki Textile Mills and that Government of the United Republic of Tanzania unilaterally decided to dissolve the company and retrenched the Applicants and vested the payments of retrenchment/ termination rights to the Treasury of the United Republic of Tanzania. The Applicants allege that the Respondent did not pay their terminal benefits immediately. Therefore they are claiming subsistence allowance for the period they were waiting for the payment of their benefits.
[1] French YouTube Channel: https://www.youtube.com/channel/UC33BeKyocpYcy0xPT7vloyw; English YouTube Channel: https://www.youtube.com/c/AfricanCourtEnglishChannel
[2] Application N0.026/2020 Emil Touray and 3 Others v. The Republic of the Gambia, case summary available at https://www.african-court.org/cpmt/storage/app/uploads/public/623/869/917/6238699177bac796148653.pdf
[3] Application 031/2018 Laurent Metongnon & 3 others vs Republic of Benin, case summary available at https://www.african-court.org/cpmt/storage/app/uploads/public/623/ade/bd2/623adebd2baf4438960844.pdf
[4] Application 029/2018 Oumar Mariko vs Republic of Mali, case summary available at https://www.african-court.org/cpmt/storage/app/uploads/public/623/ade/dbb/623adedbb14b2958580731.pdf
[5] Application 013/2016 - Stephen John Rutakikirwa vs United Republic of Tanzania, case summary available at https://www.african-court.org/cpmt/storage/app/uploads/public/5f5/8e2/c7b/5f58e2c7b9344695792873.pdf
[6] Application 021/2016 Joseph Mukwano vs United Republic of Tanzania, case summary available at https://www.african-court.org/cpmt/storage/app/uploads/public/5f5/9c7/ee7/5f59c7ee753de203577394.pdf
[7] Application 036/2017 Rajabu Yusuph vs United Republic of Tanzania, case summary available at https://www.african-court.org/cpmt/storage/app/uploads/public/5f7/582/825/5f75828258f87987937078.pdf
[8] Application 030/2017 Almas Muwinda and Others vs United Republic of Tanzania, case summary available at https://www.african-court.org/cpmt/storage/app/uploads/public/623/48e/45e/62348e45ee15e126637923.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 (2020). Application N0.026/2020 Emil Touray and 3 Others v. The Republic of the Gambia, https://www.african-court.org/cpmt/storage/app/uploads/public/623/869/917/6238699177bac796148653.pdf
African Court of Human and Peoples’ Rights (2018). Application 031/2018 Laurent Metongnon & 3 others vs Republic of Benin. https://www.african-court.org/cpmt/storage/app/uploads/public/623/ade/bd2/623adebd2baf4438960844.pdf
African Court of Human and Peoples’ Rights (2018) Application 029/2018 Oumar Mariko vs Republic of Mali. https://www.african-court.org/cpmt/storage/app/uploads/public/623/ade/dbb/623adedbb14b2958580731.pdf
African Court of Human and Peoples’ Rights (2016) Application 013/2016 - Stephen John Rutakikirwa vs United Republic of Tanzania. https://www.african-court.org/cpmt/storage/app/uploads/public/5f5/8e2/c7b/5f58e2c7b9344695792873.pdf
African Court of Human and Peoples’ Rights (2016). Application 021/2016 Joseph Mukwano vs United Republic of Tanzania. https://www.african-court.org/cpmt/storage/app/uploads/public/5f5/9c7/ee7/5f59c7ee753de203577394.pdf
African Court of Human and Peoples’ Rights (2017). Application 036/2017 Rajabu Yusuph vs United Republic of Tanzania. https://www.african-court.org/cpmt/storage/app/uploads/public/5f7/582/825/5f75828258f87987937078.pdf
African Court of Human and Peoples’ Rights (2017). Application 030/2017 Almas Muwinda and Others vs United Republic of Tanzania. https://www.african-court.org/cpmt/storage/app/uploads/public/623/48e/45e/62348e45ee15e126637923.pdf
