African Court on Human and Peoples' Rights
The African Court on Human and Peoples' Rights (African Court) was established by a Protocol to the African Charter on Human and Peoples' Rights, which was adopted by Member States of the then Organisation of African Unity (OAU) in Ouagadougou, Burkina Faso in June 1998. The Protocol entered into force in January 2004. The African Court started its operations in Addis Ababa, Ethiopia in November 2006 but moved to its permanent seat in Arusha, Tanzania in August 2007. The Court has jurisdiction over all cases and disputes submitted to it regarding the interpretation and application of the African Charter on Human and Peoples' Rights (Charter), the Protocol to the Charter on the Establishment of the African Court on Human and Peoples' Rights (Court's Protocol) and any other relevant human rights instrument ratified by States that are party to a case. Website: www.african-court.org/
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THE MATTER OF ANUDO OCHIENG ANUDO V. UNITED REPUBLIC OF TANZANIA
In the instant case, the Applicant maintains that he is of Tanzanian nationality, which is being contested by the Respondent state. ln the circumstance, it is necessary to establish on whom lies the burden of proof. lt is the opinion of the Court that, since the Respondent State is contesting the Applicant's nationality held since his birth on the basis of legal documents established by the Respondent State itself, the burden is on the Respondent state to prove the contrary. 22 August 2018 | Judicial Body: African Court on Human and Peoples' Rights | Document type: Case Law | Topic(s): Burden of proof - Effective remedy - Expulsion - Withdrawal of nationality | Countries: Tanzania, United Republic of |
