thomas c republique unie de tanzanie requete n 0052013 2015 afchpr 22 20 novembre 2015

thomas c republique unie de tanzanie requete n 0052013 2015 afchpr 22 20 novembre 2015

The Court found that the applicant was denied the right to be present and defend himself at trial due to illness, was not provided legal assistance despite the seriousness of the charges and his indigence, and suffered excessive delays in appeal proceedings. These failures constituted violations of Articles 1 and...

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Citation
thomas c republique unie de tanzanie requete n 0052013 2015 afchpr 22 20 novembre 2015
Parties
Applicant: Alex Thomas; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Due Process, Judicial Delay, Equality Before the Law, Torture and Inhuman Treatment, Right to Liberty, Right to Information
Source Language
en
Human Rights Law Criminal Law International Law Right to Fair Trial Right to Legal Assistance Due Process Judicial Delay Equality Before the Law +3 more

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Parties

Alex Thomas

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to a fair trial was violated
  2. 2 Whether the applicant was denied legal assistance
  3. 3 Whether there was undue delay in appeal proceedings

Ratio Decidendi

The Court found that the applicant was denied the right to be present and defend himself at trial due to illness, was not provided legal assistance despite the seriousness of the charges and his indigence, and suffered excessive delays in appeal proceedings. These failures constituted violations of Articles 1 and 7(1)(a), (c), (d) of the African Charter and Article 14(3)(d) ICCPR. The Court rejected claims regarding equality before the law, torture, right to liberty, and right to information for lack of sufficient evidence.

Court Disposition

Application partly allowed

Orders

  • Respondent to take all necessary measures within a reasonable time to remedy the violations found, in particular to allow the applicant to present his defence and reopen the trial, and report to the Court within six months.
  • Applicant to file submissions on reparations within thirty days; respondent to reply within thirty days of receipt.