thomas c republique unie de tanzanie requete n 0012017 2017 afchpr 122 28 septembre 2017

thomas c republique unie de tanzanie requete n 0012017 2017 afchpr 122 28 septembre 2017

The Court held that 'all necessary measures' in the operative part of the 20 November 2015 judgment refers to the release of the applicant and any other measure that would erase the consequences of the violations found, restore the applicant to his prior situation, and reinstate his rights. The term 'precluding'...

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Citation
thomas c republique unie de tanzanie requete n 0012017 2017 afchpr 122 28 septembre 2017
Parties
Applicant: Alex Thomas; Respondent: Republique-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Request for Interpretation of Judgment / Final Judgment on Interpretation
Outcome
Request for interpretation granted; clarifications provided.
Legal Topics
Interpretation of Judgment, Right to Fair Trial, Remedies for Human Rights Violations
Source Language
english
Human Rights Law International Law Interpretation of Judgment Right to Fair Trial Remedies for Human Rights Violations

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Parties

Alex Thomas

Applicant

Republique-Unie de Tanzanie

Respondent

Procedural Posture

Request for Interpretation of Judgment / Final Judgment on Interpretation

  1. 1 Clarification of the meaning of 'all necessary measures' in the operative part of the 20 November 2015 judgment
  2. 2 Clarification of the violations to be remedied
  3. 3 Interpretation of the term 'precluding' in the context of the judgment

Ratio Decidendi

The Court held that 'all necessary measures' in the operative part of the 20 November 2015 judgment refers to the release of the applicant and any other measure that would erase the consequences of the violations found, restore the applicant to his prior situation, and reinstate his rights. The term 'precluding' means excluding or prohibiting the possibility of reopening the trial or resuming the defense case. The violations to be remedied are those specified in the operative part of the original judgment. The Court clarified that it cannot itself order release except in exceptional circumstances, but the respondent must take all measures to remedy the violations, including release.

Court Disposition

Request for interpretation granted; clarifications provided.

Orders

  • The Court is competent and the request is admissible.
  • 'All necessary measures' includes the applicant's release and any other measure to erase the consequences of the violations, restore the prior situation, and reinstate rights.