thomas c republica unida da tanzania processo n 0052013 2019 afchpr 63 4 julho 2019

thomas c republica unida da tanzania processo n 0052013 2019 afchpr 63 4 julho 2019

The Court found the applicant failed to prove material damages or entitlement for indirect victims except for his mother and siblings, but established moral damages for the applicant and certain family members due to violations of fair trial rights. The Court denied restitution of liberty as moot, rejected...

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Citation
thomas c republica unida da tanzania processo n 0052013 2019 afchpr 63 4 julho 2019
Parties
Applicant: Alex Thomas; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Reparations / Final Judgment on Reparations
Outcome
Partially granted
Legal Topics
Right to Fair Trial, Legal Aid, Reparations, Compensation for Moral Damages, Restitution, Non Repetition Guarantees
Source Language
en
Human Rights Law International Law Right to Fair Trial Legal Aid Reparations Compensation for Moral Damages Restitution Non Repetition Guarantees

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Parties

Alex Thomas

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Reparations / Final Judgment on Reparations

  1. 1 Whether the applicant is entitled to pecuniary and non-pecuniary reparations for violations of fair trial rights
  2. 2 Whether indirect victims are entitled to compensation
  3. 3 Whether the applicant is entitled to restitution of liberty

Ratio Decidendi

The Court found the applicant failed to prove material damages or entitlement for indirect victims except for his mother and siblings, but established moral damages for the applicant and certain family members due to violations of fair trial rights. The Court denied restitution of liberty as moot, rejected non-repetition guarantees as unnecessary, and ordered publication of the judgment as satisfaction. Each party was ordered to bear its own costs.

Court Disposition

Partially granted

Orders

  • Denied material damages claim for loss of income and life plan disruption.
  • Denied moral damages for applicant's son and wife as indirect victims.