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Abdallah Mabomba et al. vs United Republic of Tanzania

On June 13th, 2017, Misters Abdallad Mabomba, Nyigini Alex, Hussein Nyawaya and Daniel Ngulu, (together the Applicants), filed an application instituting proceeding against the United Republic of Tanzania (the defendant State) before the African Court of Human and Peoples’Rights (the ACHPR or the Court) for alleged violations of the African Charter of Human and Peoples’ Rights (the Charter) in its articles 3 and 7.

The applicants had been tried and convicted by the Musoma District Court for armed robbery and gang rape on July 16th, 2002. This decision was confirmed by the High Court of Tanzania on July 2nd, 2004 and the Court of Appeal on March 16th, 2007. At the time of the filing of the proceedings, the applicants were serving their sentences at Uyui Central Prison.

On November 21st, 2019, the Republic of Tanzania deposited the instruments of withdrawal of the Court’s declaration of jurisdiction to receive applications from individuals and non-governmental organizations. In issuing its decision on September 22nd, 2022, the Court has been faithful to its consistent jurisprudence of dealing with all cases enrolled in the Registry before the date of entry into force of the withdrawal of the declaration. 

Tanzania raised objections to jurisdiction and inadmissibility of the Application. The Court delivered its judgment and considered that if it did have jurisdiction to hear the case, the application was not admissible in so far as the Applicant had waited too long to file the application before the Court.

Judgment of 22-09-2022.pdf

This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.