umuhoza v rwanda requete n 0032014 2018 afchpr 73 7 decembre 2018

umuhoza v rwanda requete n 0032014 2018 afchpr 73 7 decembre 2018

The Court found that the applicant suffered violations of her right to a fair trial and freedom of expression, entitling her to reparations. The Court awarded material damages for proven expenses and moral damages for harm to the applicant and her family, but rejected claims not substantiated by evidence. The Court...

Source-derived case information.

Citation
umuhoza v rwanda requete n 0032014 2018 afchpr 73 7 decembre 2018
Parties
Applicant: Ingabire Victoire Umuhoza; Respondent: République du Rwanda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Reparations / Reparations Judgment After Merits Decision
Outcome
Application for reparations granted in part; some claims rejected.
Legal Topics
Right to Fair Trial, Freedom of Expression, Reparations for Human Rights Violations, Procedural Irregularities, Moral and Material Damages
Source Language
en
Human Rights Law International Law Right to Fair Trial Freedom of Expression Reparations for Human Rights Violations Procedural Irregularities Moral and Material Damages

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Parties

Ingabire Victoire Umuhoza

Applicant

République du Rwanda

Respondent

Procedural Posture

Human Rights Reparations / Reparations Judgment After Merits Decision

  1. 1 Whether the applicant is entitled to reparations for violations of fair trial and freedom of expression rights
  2. 2 Whether the applicant's conviction should be annulled and her criminal record expunged
  3. 3 Whether the applicant and her family are entitled to compensation for material and moral damages

Ratio Decidendi

The Court found that the applicant suffered violations of her right to a fair trial and freedom of expression, entitling her to reparations. The Court awarded material damages for proven expenses and moral damages for harm to the applicant and her family, but rejected claims not substantiated by evidence. The Court declined to order expungement of the criminal record as it presupposes annulment of the conviction, which had already been addressed in the merits judgment.

Court Disposition

Application for reparations granted in part; some claims rejected.

Orders

  • Request for expungement of criminal record rejected.
  • State ordered to pay applicant 10,230,000 Rwandan francs for material damages.