ramadhani c republique unie de tanzanie requete n 0102015 2021 afchpr 34 25 juin 2021

ramadhani c republique unie de tanzanie requete n 0102015 2021 afchpr 34 25 juin 2021

The only established violation was the lack of free legal assistance, which did not affect the applicant’s conviction or sentence. Material damages and claims for family members were unproven and not causally linked to the violation. Moral damages to the applicant are compensated by a lump sum of 300,000 Tanzanian...

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Citation
ramadhani c republique unie de tanzanie requete n 0102015 2021 afchpr 34 25 juin 2021
Parties
Applicant: Amir Ramadhani; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Reparations Application / Final Judgment on Reparations
Outcome
Partial award of moral damages; all other claims rejected.
Legal Topics
Right to Free Legal Assistance, Fair Trial, Reparations, Moral Damages, Procedural Costs
Source Language
en
Human Rights Law International Law Right to Free Legal Assistance Fair Trial Reparations Moral Damages Procedural Costs

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Parties

Amir Ramadhani

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Reparations Application / Final Judgment on Reparations

  1. 1 Whether the applicant is entitled to pecuniary and non-pecuniary reparations for violation of the right to free legal assistance under Article 7(1)(c) of the African Charter on Human and Peoples’ Rights
  2. 2 Whether the applicant’s family members are entitled to compensation as indirect victims
  3. 3 Whether the applicant is entitled to restitution, guarantees of non-repetition, publication of the judgment, and reimbursement of legal costs

Ratio Decidendi

The only established violation was the lack of free legal assistance, which did not affect the applicant’s conviction or sentence. Material damages and claims for family members were unproven and not causally linked to the violation. Moral damages to the applicant are compensated by a lump sum of 300,000 Tanzanian shillings. Restitution, non-repetition, publication, and reimbursement of legal costs are unwarranted given the circumstances and the existence of a national legal aid law.

Court Disposition

Partial award of moral damages; all other claims rejected.

Orders

  • Applicant awarded 300,000 Tanzanian shillings for moral damages, tax-free, payable within six months or with interest for late payment.
  • Respondent to report on implementation within six months and every six months thereafter until full execution.