cheusi c republica unida da tanzania processo n 0042015 2020 afchpr 44 26 junho 2020

cheusi c republica unida da tanzania processo n 0042015 2020 afchpr 44 26 junho 2020

The Tribunal found violations of the applicant's right to legal assistance and to be tried within a reasonable time, as guaranteed by Article 7(1)(c) and (d) of the African Charter, interpreted in light of Article 14(3)(d) ICCPR. No violations were found regarding equality before the law, prohibition of cruel,...

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Citation
cheusi c republica unida da tanzania processo n 0042015 2020 afchpr 44 26 junho 2020
Parties
Applicant: Andrew Ambrose Cheusi; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Human Rights Application / Final Judgment
Outcome
partially upheld
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 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

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to a fair trial was violated
  2. 2 Whether the applicant was denied legal assistance
  3. 3 Whether the applicant was tried within a reasonable time

Ratio Decidendi

The Tribunal found violations of the applicant's right to legal assistance and to be tried within a reasonable time, as guaranteed by Article 7(1)(c) and (d) of the African Charter, interpreted in light of Article 14(3)(d) ICCPR. No violations were found regarding equality before the law, prohibition of cruel, inhuman or degrading treatment, or fair trial in relation to identification and evidence challenges.

Court Disposition

partially upheld

Orders

  • Respondent to pay applicant TZS 5,725,000 as compensation for moral damages within six months, tax-free, or incur interest at the Tanzanian Central Bank rate until paid.
  • Respondent to publish the judgment on judicial and Ministry websites for three months, ensuring accessibility for at least one year.