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Hamisi Mashishanga vs United Republic of Tanzania

On August 31st, 2017, Mr Hamisi Mashishanga (the Applicant) filed an Application instituting proceedings against the United Republic of Tanzania (the defendant State) before the African Court on Human and Peoples’ Rights (the Court or the ACHPR) for alleged violations of the African Charter on Human and Peoples’ Rights (the Charter) in its Articles 2, 3 and 7.

Mr. Hamisi Mashishanga was accused of committing on April 1st, 2004 a burglary and armed robbery in the village of Ilagaja, attacking a victim. The complainant and his co-accused were tried by the Tabora District Court. He was convicted and sentenced to 30 years’ imprisonment. This judgment was successively confirmed by the High Court of Tanzania on July 17th, 2006 and the Court of Appeal on June 1st, 2010. At the time of filing this application, the applicant was being held in 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 December 1st, 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. 

The defendant State raised objections to jurisdiction and inadmissibility of the Application. After examining the pleas in law, the Court held that it had jurisdiction to hear the case. It examined in turn all the criteria listed in Rule 50 of the Rules of Court and concluded that the application was inadmissible as the latter was filed 7 years 2 months and 30 days after the exhaustion of domestic remedies, which is not a reasonable time on the facts of the case.

Judgement of 01-12-2022.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.

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