Chacha v. United Republic of Tanzania

Abstract

International tribunals — African Court on Human and Peoples’ Rights — Jurisdiction — Jurisdiction ratione materiae — Jurisdiction ratione personae — Jurisdiction ratione temporis — Requirement for State to deposit declaration accepting suit by individual — Article 34(6) of Protocol to African Charter on Human and Peoples’ Rights, 1998 — Admission of expert witness — Whether application admissible in African Court on Human and Peoples’ Rights — Non-exhaustion of local remedies — Reasonable time for filing application — Whether requirements of Article 56 of African Charter on Human and Peoples’ Rights, 1981 fulfilled

Human rights — Treaties — Right to equal protection of law — Right to dignity inherent in a human being — Right to liberty — Right to be heard — Right to property — African Charter on Human and Peoples’ Rights, 1981 — International Covenant on Civil and Political Rights, 1966 — Whether Tanzania violating African Charter on Human and Peoples’ Rights and International Covenant on Civil and Political Rights

Claims — Local remedies rule — Failure to appeal against decision of lower court — Whether applicant’s attempts to exhaust local remedies frustrated by procedural technicalities