mallya c republique unie de tanzanie requete n 0182015 2019 afchpr 41 26 septembre 2019

mallya c republique unie de tanzanie requete n 0182015 2019 afchpr 41 26 septembre 2019

Tanzania violated applicant's rights by failing to provide trial documents necessary for appeal, resulting in prolonged arbitrary detention and denial of fair trial guarantees. Subsequent release and annulment do not absolve the state of responsibility for the violations and prejudice suffered.

Source-derived case information.

Citation
mallya c republique unie de tanzanie requete n 0182015 2019 afchpr 41 26 septembre 2019
Parties
Applicant: Benedicto Daniel Mallya; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application / Final Merits Judgment
Outcome
Court finds violations of applicant's rights to appeal, fair trial, and liberty; reserves decision on reparations and costs.
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 Constitutional Law Right to Appeal Right to Fair Trial Right to Liberty Procedural Guarantees Compensation for Wrongful Detention

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Benedicto Daniel Mallya

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Final Merits Judgment

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

Ratio Decidendi

Tanzania violated applicant's rights by failing to provide trial documents necessary for appeal, resulting in prolonged arbitrary detention and denial of fair trial guarantees. Subsequent release and annulment do not absolve the state of responsibility for the violations and prejudice suffered.

Court Disposition

Court finds violations of applicant's rights to appeal, fair trial, and liberty; reserves decision on reparations and costs.

Orders

  • Court declares itself competent.
  • Court declares application admissible.