mallya c republica unida da tanzania processo n 0182015 2019 afchpr 41 26 setembro 2019

mallya c republica unida da tanzania processo n 0182015 2019 afchpr 41 26 setembro 2019

The respondent violated the applicant’s rights by failing to provide authenticated copies of the judgment and case files, preventing timely appeal and resulting in prolonged arbitrary detention. The delay of over fifteen years was unreasonable and deprived the applicant of liberty without adequate procedural...

Source-derived case information.

Citation
mallya c republica unida da tanzania processo n 0182015 2019 afchpr 41 26 setembro 2019
Parties
Applicant: Benedicto Daniel Mallya; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Petition / Final Judgment (merits)
Outcome
Applicant’s action admissible; violations found; reparations to be determined in subsequent phase.
Legal Topics
Right to Appeal, Right to Fair Trial, Right to Liberty, Procedural Guarantees, Compensation for Wrongful Detention
Source Language
en
Human Rights Criminal Law Right to Appeal Right to Fair Trial Right to Liberty Procedural Guarantees Compensation for Wrongful Detention

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Parties

Benedicto Daniel Mallya

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Petition / Final Judgment (merits)

  1. 1 Violation of right to appeal
  2. 2 Violation of right to be heard within a reasonable time
  3. 3 Violation of right to liberty

Ratio Decidendi

The respondent violated the applicant’s rights by failing to provide authenticated copies of the judgment and case files, preventing timely appeal and resulting in prolonged arbitrary detention. The delay of over fifteen years was unreasonable and deprived the applicant of liberty without adequate procedural safeguards, breaching Articles 6 and 7 of the African Charter.

Court Disposition

Applicant’s action admissible; violations found; reparations to be determined in subsequent phase.

Orders

  • Declaration of violations of Articles 6 and 7 of the African Charter.
  • Order for reparations to be determined later.