guehi c republique unie du cote divoire intervening requete n 0012015 2018 afchpr 19 7 decembre 2018

guehi c republique unie du cote divoire intervening requete n 0012015 2018 afchpr 19 7 decembre 2018

The Court found that the applicant's right to be tried within a reasonable time (Article 7(1)(d)) and right not to be subjected to inhuman and degrading treatment (Article 5) were violated by the respondent due to excessive delay in proceedings and deprivation of food during detention. Other alleged violations,...

Source-derived case information.

Citation
guehi c republique unie du cote divoire intervening requete n 0012015 2018 afchpr 19 7 decembre 2018
Parties
Applicant: Armand Guehi; Respondent: République-Unie de Tanzanie; Intervenor: République de Côte d'Ivoire
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Application Before the African Court on Human and Peoples' Rights / Final Judgment (arrêt)
Outcome
Partial finding for applicant; violations established in part; limited reparations awarded.
Legal Topics
Right to Fair Trial, Right to Dignity, Right to Property, Right to Consular Assistance, Prohibition of Inhuman and Degrading Treatment, Right to Be Tried Within a Reasonable Time
Source Language
en
Human Rights Law Criminal Law International Law Right to Fair Trial Right to Dignity Right to Property Right to Consular Assistance Prohibition of Inhuman and Degrading Treatment +1 more

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Parties

Armand Guehi

Applicant

République-Unie de Tanzanie

Respondent

République de Côte d'Ivoire

Intervenor

Procedural Posture

Human Rights Application Before the African Court on Human and Peoples' Rights / Final Judgment (arrêt)

  1. 1 Whether the applicant's right to a fair trial was violated (including right to interpreter, legal counsel, consular assistance, presumption of innocence, timely trial)
  2. 2 Whether the applicant was subjected to inhuman and degrading treatment
  3. 3 Whether the applicant's right to property was violated

Ratio Decidendi

The Court found that the applicant's right to be tried within a reasonable time (Article 7(1)(d)) and right not to be subjected to inhuman and degrading treatment (Article 5) were violated by the respondent due to excessive delay in proceedings and deprivation of food during detention. Other alleged violations, including lack of interpreter, legal counsel, consular assistance, improper investigation, violation of presumption of innocence, and arbitrary deprivation of property, were not established. The Court awarded pecuniary compensation for the established violations but rejected requests for annulment of conviction, release, and other reparations.

Court Disposition

Partial finding for applicant; violations established in part; limited reparations awarded.

Orders

  • Respondent to pay applicant USD 500 for inhuman and degrading treatment (deprivation of food) within six months.
  • Respondent to pay applicant USD 2,000 for violation of right to be tried within a reasonable time within six months.