September 15, 2023
ARUSHA, Tanzania – In a landmark ruling, the African Court on Human and Peoples’ Rights has directed Tanzania to eliminate corporal punishment from its laws, aligning them with the principles of the African Charter on Human and Peoples’ Rights. The ruling, which came on September 5, resulted from an appeal filed by Yassin Rashid Maige, who had been sentenced to 30 years in prison and 12 strokes of the cane for armed robbery.
The African Court, sitting in Arusha, concluded that the Tanzanian courts had violated Maige’s right to dignity by ordering him to receive corporal punishment. It highlighted the need for amendments in Tanzanian laws, including the Penal Code, Criminal Procedure Code, Corporal Punishment Act, and others, to ensure compliance with the prohibition of torture, cruel, inhuman, or degrading treatment or punishment, as outlined in Article 5 of the African Charter on Human and Peoples’ Rights.
As part of the court’s ruling, Tanzanian authorities are required to provide regular reports on the implementation of this order every six months until full compliance is achieved.
In addition to ordering the abolition of corporal punishment from Tanzanian laws, the court directed Tanzanian authorities to compensate Maige with Tsh300,000 for “moral prejudice” resulting from the caning.
