cheusi c republique unie de tanzanie requete no 0042015 2020 afchpr 44 26 juin 2020

cheusi c republique unie de tanzanie requete no 0042015 2020 afchpr 44 26 juin 2020

The Court found violations of the applicant's right to free legal assistance and to be tried within a reasonable time, but rejected claims regarding equality before the law, cruel treatment, and fair trial irregularities in identification, evidence contestation, and alibi. Compensation was awarded for moral damages...

Source-derived case information.

Citation
cheusi c republique unie de tanzanie requete no 0042015 2020 afchpr 44 26 juin 2020
Parties
Applicant: Andrew Ambrose Cheusi; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Application for Human Rights Violations / Final Judgment
Outcome
Partially allowed
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Reasonable Time for Trial, Equality Before the Law, Prohibition of Cruel, Inhuman or Degrading Treatment
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Assistance Reasonable Time for Trial Equality Before the Law Prohibition of Cruel, Inhuman or Degrading Treatment

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Parties

Andrew Ambrose Cheusi

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Application for Human Rights Violations / Final Judgment

  1. 1 Whether the applicant's right to a fair trial was violated
  2. 2 Whether the applicant was denied free legal assistance
  3. 3 Whether the applicant's appeal was unduly delayed

Ratio Decidendi

The Court found violations of the applicant's right to free legal assistance and to be tried within a reasonable time, but rejected claims regarding equality before the law, cruel treatment, and fair trial irregularities in identification, evidence contestation, and alibi. Compensation was awarded for moral damages due to the established violations.

Court Disposition

Partially allowed

Orders

  • Respondent to pay applicant 5,725,000 Tanzanian shillings as compensation for moral damages within six months, tax-free, with interest for late payment.
  • Respondent to publish the judgment on official websites for at least one year within three months.