guehi c republica unida da cote divoire intervening processo n 0012015 2018 afchpr 19 7 dezembro 2018

guehi c republica unida da cote divoire intervening processo n 0012015 2018 afchpr 19 7 dezembro 2018

The Court found that the applicant's right to be tried within a reasonable time (Article 7(1)(d) of the Charter) and the right not to be subjected to inhuman or degrading treatment (Article 5 of the Charter, specifically regarding deprivation of food) were violated. Other alleged violations, including denial of...

Source-derived case information.

Citation
guehi c republica unida da cote divoire intervening processo n 0012015 2018 afchpr 19 7 dezembro 2018
Parties
Applicant: Armand Guehi; Respondent: República Unida da Tanzânia; Intervener: República da Côte d’Ivoire
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Petition / Final Judgment
Outcome
Partial relief granted
Legal Topics
Right to Fair Trial, Right to Legal Representation, Right to Consular Assistance, Right to Property, Prohibition of Inhuman or 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 Legal Representation Right to Consular Assistance Right to Property Prohibition of Inhuman or Degrading Treatment +1 more

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Parties

Armand Guehi

Applicant

República Unida da Tanzânia

Respondent

República da Côte d’Ivoire

Intervener

Procedural Posture

Human Rights Petition / Final Judgment

  1. 1 Whether the applicant's right to a fair trial was violated
  2. 2 Whether the applicant was denied access to an interpreter, legal counsel, and consular assistance
  3. 3 Whether the applicant was subjected to inhuman or degrading treatment

Ratio Decidendi

The Court found that the applicant's right to be tried within a reasonable time (Article 7(1)(d) of the Charter) and the right not to be subjected to inhuman or degrading treatment (Article 5 of the Charter, specifically regarding deprivation of food) were violated. Other alleged violations, including denial of interpreter, legal counsel, consular assistance, and property rights, were not established. The Court awarded compensation for the established violations but rejected requests for release, annulment of conviction, and other forms of relief.

Court Disposition

Partial relief granted

Orders

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