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Justice & Human Rights for Africa

Associated with: International Criminal Law Bureau and 9 Bedford Row International

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Judgments Delivered by African Court On Human and Peoples’ Rights

By Mohammed Subhan Hussain

The African Court On Human and Peoples’ Rights recently delivered a series of judgments. Summaries for three of the cases can be read below; additionally relevant links and YouTube videos have also been provided for each of them.

All cases can be found at:

http://en.african-court.org/index.php/news/press-releases/item/231-african-court-on-human-and-peoples-rights-to-deliver-four-judgments-tomorrow?4ea03332baad719f3a6b2ef8c979f25c=ce7d9b962970115040a7856ce937a443

I. Anudo Ochieng Anudo v. The United Republic of Tanzania

The Applicant is a citizen of the United Republic of Tanzania and Director General of the NGO: “Tanzania Human for People Rights”. He sent an email to the Court on 24th May 2015 and later delivered printed versions of his Application. The Applicant maintains that he was wrongfully deported by the Tanzanian Immigration Services because of alleged corruption within the system even though his birthplace was Tanzania. In addition to the corruption allegations, he claimed that the reasoning behind his extradition was that he had declined to pay the immigration services a sum of money. In the wake of his deportation to Kenya, the Applicant was proclaimed by Kenya’s High Court to have illegally entered the country.

The Applicant stated that he was ousted “wrongfully” and in a degrading manner. He claimed that despite being Tanzanian by birth his rights to citizenship, as ensured by the Tanzanian Constitution and International law, had been violated. The Respondent State counteracted this by maintaining that the passport the Applicant was said to have used to confirm his citizenship had been applied for with forged supporting documents.

Click the following link to read the full summary of the case: http://en.african-court.org/images/Cases/Case%20Summaries/Website%20Summary.%20Ochieng%20Anudo.pdf

II. Nguza Viking and Johnson Nguza v. The United Republic of Tanzania

The Applicants, Mr. Nguza Viking and Mr. Johnson Nguza, both of whom were Congonalese nationals, were arrested on 12th October 2003 and transferred to the Magomeni Police Station. The Applicants were arraigned at the Resident Magistrate Court of Kisutu (Dar es Salaam) on 16th October 2003 and accused of ten counts of rape and eleven counts of sodomy. They pleaded not guilty to all charges. The ten victims were children between the ages of 6-8 years. After a full trial, on 25th June 2004, the Court ruled on the issue and sentenced the Applicants to life imprisonment.

The victims were allegedly infected with HIV/AIDS and Gonorrhea. The Applicants claim that the judgment was the result of collusion due to the lack of strong evidence. The Applicants expressed that the Court should consult specialists to give evidence in order to assist the rendering of the judgment. The Applicants also asked for an order requesting that the Respondent state release them from custody.

Click the following link to read the full case summary: http://en.african-court.org/images/Cases/Case%20Summaries/Application%20No%20006-2015%20Mr%20Nguza%20Viking%20and%20Mr%20Johnson%20Nguza%20%20V%20%20United%20Republic%20Of%20Tanzania.pdf

III. Kijiji Isiaga v. The United Republic of Tanzania

No case summary information is currently available.

Click the following link to read the executive summary:

http://en.african-court.org/images/Cases/Case%20Summaries/Executive%20Summary%20Appl.032-2015%20Kijiji%20Isiaga%20v%20United%20Republic%20of%20Tanzania-%20Engl..PDF

IV. Mariam Kouma and Ousmane Diabete v. Mali

The Applicants sold a monkey to Mr. Boussourou Coulibaly, in January 2014. Upon the refusal of one Applicant to return the cash to Mr. Coulibaly, she was ruthlessly struck on her head and feet until she was rendered unconscious. Following an investigation requested by the Public Prosecutor’s Office, Boussourou was charged with committing simple bodily harm.

The case was brought before the Court of First instance of Bamako District. At the public hearing on 20th February 2014, the Public prosecutor asked for the accused to be released on grounds of dementia. The Applicants claim that to classify the acts of their aggressor as assault rather than attempted murder with premeditation is in violation of their dignity and rights under international human rights instruments. Furthermore the Applicants assert that the Respondent state has not conducted an impartial investigation, further violating Article 3(a) of the Maputo Protocol.

Click the following link to read the full judgment: http://en.african-court.org/index.php/56-pending-cases-details/935-app-no-040-2016-mariam-kouma-another-v-republic-of-mali-details

V. Gombert Jean Claude Roger v. Côte d’Ivoire

No case summary information is currently available.

https://www.youtube.com/watch?v=K6_fna-2_Uk  (French)

 

Image source: africapolicyreview.com

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