thomas c republique unie de tanzanie requete n 0052013 2019 afchpr 63 4 juillet 2019

thomas c republique unie de tanzanie requete n 0052013 2019 afchpr 63 4 juillet 2019

The Court found that the applicant failed to prove material damages or entitlement to compensation for his wife and son, but established moral damages for himself, his mother, and siblings due to the proven violations of fair trial rights. The applicant’s release request was moot as he had already been released. The...

Source-derived case information.

Citation
thomas c republique unie de tanzanie requete n 0052013 2019 afchpr 63 4 juillet 2019
Parties
Applicant: Alex Thomas; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Reparations Application / Judgment on Reparations
Outcome
Application for reparations partially granted.
Legal Topics
Right to Fair Trial, Reparations, Legal Aid, Due Process, Non Repetition Guarantees
Source Language
en
Human Rights Law International Law Right to Fair Trial Reparations Legal Aid Due Process Non Repetition Guarantees

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Parties

Alex Thomas

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Reparations Application / Judgment on Reparations

  1. 1 Whether the applicant is entitled to pecuniary and non-pecuniary reparations for violations of the right to a fair trial
  2. 2 Whether indirect victims are entitled to compensation
  3. 3 Whether the applicant is entitled to release and other non-pecuniary measures

Ratio Decidendi

The Court found that the applicant failed to prove material damages or entitlement to compensation for his wife and son, but established moral damages for himself, his mother, and siblings due to the proven violations of fair trial rights. The applicant’s release request was moot as he had already been released. The Court ordered publication of the judgment as satisfaction and rejected claims for costs as representation was pro bono.

Court Disposition

Application for reparations partially granted.

Orders

  • Applicant awarded 2,000,000 Tanzanian shillings for moral damages.
  • Applicant’s mother awarded 1,500,000 Tanzanian shillings for moral damages.