D 2024

The Right to a Fair Trial in the Context of Article 36(1) of the Vienna 6 Convention on Consular Relations: Analysis of the 'Augustino and Abdulkarim v Tanzania' Judgment by the African Court on Human and Peoples' Rights

KOHOUTEK, Jiří and Štefan VIEDENSKÝ

Basic information

Original name

The Right to a Fair Trial in the Context of Article 36(1) of the Vienna 6 Convention on Consular Relations: Analysis of the 'Augustino and Abdulkarim v Tanzania' Judgment by the African Court on Human and Peoples' Rights

Authors

KOHOUTEK, Jiří (203 Czech Republic) and Štefan VIEDENSKÝ (203 Czech Republic, guarantor, belonging to the institution)

Edition

Bratislava, International Economy, Politics and Law in 2024 : Trends, Challenges, Perspectives, p. 250-266, 17 pp. 2024

Publisher

Vydavateľstvo Ekonóm

Other information

Language

English

Type of outcome

Proceedings paper

Field of Study

50501 Law

Country of publisher

Slovakia

Confidentiality degree

is not subject to a state or trade secret

Publication form

electronic version available online

References:

Organization unit

University College Prague – University of International Relations and Institute of Hospitality Management and Economics, Ltd.

ISBN

978-80-225-5205-9

Keywords in English

African Court of Human and Peoples’ Rights; Vienna Convention on Consular Relations; human rights; right to fair trial; Tanzania
Changed: 18/6/2025 15:19, Mgr. et Mgr. Jiří Kohoutek, PhD.

Abstract

V originále

This paper analyzes the African Court on Human and Peoples’ Rights’ judgment in Augustino and Abdulkarim v. Tanzania, focusing on the interpretation of Article 36(1)(b) of the Vienna Convention on Consular Relations (VCCR) and its integration into the African Charter on Human and Peoples’ Rights. The goal is to examine the Court’s reasoning, assess its alignment with international jurisprudence from the ICJ and IACHR, and highlight its contribution to fair trial guarantees for detained foreign nationals. The study employs a doctrinal analysis of the judgment and comparative review of relevant international case law. It concludes that the AfCHPR’s findings reinforce the global understanding of consular notification as a procedural safeguard, emphasizing its significance in protecting vulnerable individuals and ensuring state accountability under international law.