onyachi and another c republique unie de tanzanie requete n0032015 2021 afchpr 24 30 septembre 2021

onyachi and another c republique unie de tanzanie requete n0032015 2021 afchpr 24 30 septembre 2021

The applicants failed to provide sufficient evidence of material damages or a causal link between the violations and the alleged losses, so pecuniary compensation for material damages and for indirect victims is denied. However, the violations of liberty and fair trial rights justify moral damages, which are...

Source-derived case information.

Citation
onyachi and another c republique unie de tanzanie requete n0032015 2021 afchpr 24 30 septembre 2021
Parties
Applicant: Kennedy Owino Onyachi; Applicant: Charles John Mwaniki Njoka; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Reparations / Final Judgment on Reparations
Outcome
Partial award for applicants; most pecuniary claims denied; non-pecuniary relief (release) granted.
Legal Topics
Right to Liberty, Right to Security, Right to Fair Trial, Right to Legal Representation, Reparations, Compensation for Moral Damage
Source Language
en
Human Rights Law International Law Right to Liberty Right to Security Right to Fair Trial Right to Legal Representation Reparations Compensation for Moral Damage

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Parties

Kennedy Owino Onyachi

Applicant

Charles John Mwaniki Njoka

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Reparations / Final Judgment on Reparations

  1. 1 Whether the applicants are entitled to pecuniary and non-pecuniary reparations for violations of their rights to liberty, security, and fair trial under the African Charter on Human and Peoples’ Rights.
  2. 2 Whether the applicants’ families (indirect victims) are entitled to reparations for material and moral damages.
  3. 3 Whether the applicants are entitled to reimbursement of legal costs and procedural expenses.

Ratio Decidendi

The applicants failed to provide sufficient evidence of material damages or a causal link between the violations and the alleged losses, so pecuniary compensation for material damages and for indirect victims is denied. However, the violations of liberty and fair trial rights justify moral damages, which are presumed and compensated on an equitable basis. The applicants are each awarded 5,000,000 Tanzanian shillings for moral damages. The Court also orders their release as the most proportionate remedy for the violations established. Claims for legal costs and other expenses are denied due to lack of supporting evidence.

Court Disposition

Partial award for applicants; most pecuniary claims denied; non-pecuniary relief (release) granted.

Orders

  • Applicants’ claims for material damages (direct and indirect) denied.
  • Applicants’ claims for moral damages for indirect victims denied.