anudo c republique unie de tanzanie requete n 0122015 2021 afchpr 2 2 decembre 2021

anudo c republique unie de tanzanie requete n 0122015 2021 afchpr 2 2 decembre 2021

The Court found that the applicant suffered material and moral damages as a direct result of violations of his right to nationality, protection against arbitrary expulsion, and right to be heard. The Court awarded pecuniary compensation for loss of employment, business, and property, as well as moral damages for the...

Source-derived case information.

Citation
anudo c republique unie de tanzanie requete n 0122015 2021 afchpr 2 2 decembre 2021
Parties
Applicant: Anudo Ochieng Anudo; 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
Application for reparations granted in part; several claims rejected; respondent ordered to pay compensation and take non-pecuniary measures.
Legal Topics
Right to Nationality, Arbitrary Expulsion, Right to Be Heard, Reparations, Restitution, Non Repetition Guarantees
Source Language
en
Human Rights Law International Law Right to Nationality Arbitrary Expulsion Right to Be Heard Reparations Restitution Non Repetition Guarantees

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Parties

Anudo Ochieng Anudo

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 violations of human rights by the respondent state
  2. 2 Whether the applicant's family members are entitled to compensation as indirect victims
  3. 3 Whether the respondent state must amend its legislation and take measures to prevent recurrence

Ratio Decidendi

The Court found that the applicant suffered material and moral damages as a direct result of violations of his right to nationality, protection against arbitrary expulsion, and right to be heard. The Court awarded pecuniary compensation for loss of employment, business, and property, as well as moral damages for the applicant and certain family members, based on available evidence and equitable assessment. The Court also ordered non-pecuniary reparations including restitution of rights, legislative amendment, and publication of the judgment.

Court Disposition

Application for reparations granted in part; several claims rejected; respondent ordered to pay compensation and take non-pecuniary measures.

Orders

  • Respondent to pay applicant 146,200,000 Tanzanian shillings for loss of employment.
  • Respondent to pay applicant 10,000,000 Tanzanian shillings for loss of sawmill business.