umuhoza c republica do rwanda processo n 0032014 2018 afchpr 73 7 dezembro 2018

umuhoza c republica do rwanda processo n 0032014 2018 afchpr 73 7 dezembro 2018

The applicant suffered violations of fair trial and freedom of expression rights, entitling her and her family to material and moral reparations. The applicant substantiated material damages for administrative costs and legal fees, but failed to prove other material losses. Moral damages to the applicant and her...

Source-derived case information.

Citation
umuhoza c republica do rwanda processo n 0032014 2018 afchpr 73 7 dezembro 2018
Parties
Applicant: Ingabire Victoire Umuhoza; Respondent: República do Rwanda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Reparations / Final Judgment
Outcome
partially granted
Legal Topics
Fair Trial, Freedom of Expression, Reparations, Damages, Family Rights
Source Language
en
Human Rights International Law Fair Trial Freedom of Expression Reparations Damages Family Rights

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Parties

Ingabire Victoire Umuhoza

Applicant

República do Rwanda

Respondent

Procedural Posture

Human Rights Reparations / Final Judgment

  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 expunged from the criminal record
  3. 3 Whether material and moral damages are substantiated

Ratio Decidendi

The applicant suffered violations of fair trial and freedom of expression rights, entitling her and her family to material and moral reparations. The applicant substantiated material damages for administrative costs and legal fees, but failed to prove other material losses. Moral damages to the applicant and her family are presumed due to the nature of detention and public denigration. The request to expunge the conviction was denied as it presupposes annulment not granted.

Court Disposition

partially granted

Orders

  • Request to expunge conviction from criminal record denied.
  • Respondent ordered to pay applicant 10,230,000 Rwandan Francs for material damages.