benyoma v united republic of tanzania application no 0012016 2019 afchpr 35 26 september 2019

AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES IN THE MATTER OF CHRIZOSTOM BENYOMA V. UNITED REPUBLIC OF TANZANIA APPLICATION NO. 001/2016 ORDER ON RE-OPENING OF PLEADINGS 26 SEPTEMBER 2019 1 The Court composed of: Sylvain ORÉ, President; Ben KIOKO, Vice-President; Rafaâ BEN ACHOUR, Ângelo V. MATUSSE, Suzanne MENGUE, M-Thérèse MUKAMULISA Tujilane R. CHIZUMILA, Chafika BENSAOULA, Blaise TCHIKAYA, Stella I. ANUKAM, Judges, and Robert ENO, Registrar. Pursuant to Article 22 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) and Rule 8(2) of the Rules of Court (hereinafter referred to as “the Rules”), Judge Imani D. ABOUD, member of the Court and a national of Tanzania, did not hear the Application. In the matter of: Chrizostom BENYOMA self-represented, versus UNITED REPUBLIC OF TANZANIA, represented by: i. Dr Clement J MASHAMBA, Solicitor General, Office of the Solicitor General ii. Ms. Sarah MWAIPOPO, Acting Deputy Attorney General and Director of the Division of Constitutional Affairs and Human Rights, Attorney General’s Chambers iii. Ambassador Baraka LUVANDA, Head of Legal Unit, Ministry of Foreign Affairs, East Africa, Regional and International Cooperation iv. Ms. Nkasori SARAKIKYA, Assistant Director, Human Rights, Principal State Attorney, Attorney General’s Chambers v. Mr. Mark MULWAMBO, Principal State Attorney, Attorney General’s Chambers vi. Ms Sylvia MATIKU, Principal State Attorney, Attorney General’s Chambers vii. Mr. Elisha SUKA, Foreign Service Officer, Ministry of Foreign Affairs, East Africa, Regional and International Cooperation. 2 after deliberation, issues the following Order: I. THE PARTIES 1. The Applicant, Mr. Chrizostom Benyoma is a national of the United Republic of Tanzania. He was convicted of the offence of rape on 28 February 2002 and sentenced to life imprisonment which he is currently serving. 2. The Respondent State, the United Republic of Tanzania, became a party to, the African Charter on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on 21 October 1986 and to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) on 10 February 2006. On 29 March 2010, the Respondent State deposited the Declaration as prescribed under Article 34(6) of the Protocol. II. SUBJECT MATTER OF THE APPLICATION 3. The Application, filed on 4 January 2016, is based on the Respondent State’s alleged violations of the Applicant’s right to equal protection before the law under Article 3(2) of the Charter and the right to be heard in the course of his trial and appeals on the charge of rape. III. SUMMARY OF PROCEDURE BEFORE THE COURT 4. The Parties exchanged pleadings on the merits. The Applicant filed his submissions on reparations. On 12 June 2019 the Parties were notified of the close of pleadings. 5. On 26 August 2019 the Respondent State filed a request for extension of time to file its Response to the Applicant’s submissions on reparations on the basis that the delay in responding was due to the reforms in the State Law Offices. The Respondent State filed the response to the submissions together with the request for extension of time. 3 IV. THE COURT: i. Orders that, in the interests of justice, proceedings in Application No. 001/2016 Chrizostom Benyoma v United Republic of Tanzania be and are hereby re-opened ii. The Respondent State’s Response to the Applicant’s submissions on reparations is deemed as duly filed and to be served on the Applicant. iii. The Applicant’s Reply, if any, should be filed within thirty (30) days of receipt of the Respondent State’s Response. Signed: Sylvain ORÉ, President and Robert ENO, Registrar. Done at Arusha, this Twenty Sixth Day of September in the Year 2019. 4