onyachi and another c republica unida da tanzania processo n 0032015 2017 afchpr 120 28 setembro 2017

onyachi and another c republica unida da tanzania processo n 0032015 2017 afchpr 120 28 setembro 2017

The Court found that the applicants' right to a fair trial was violated due to irregularities in the identification process, lack of legal aid at the Supreme Court, and unjustified delay in providing judgment copies. The applicants' right to liberty was violated by their arbitrary re-arrest and detention after...

Source-derived case information.

Citation
onyachi and another c republica unida da tanzania processo n 0032015 2017 afchpr 120 28 setembro 2017
Parties
Applicant: Kennedy Owino Onyachi; Applicant: Charles John Mwanini Njoka; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Human Rights Petition / Final Judgment
Outcome
Application partly allowed; violations found; remedial measures ordered.
Legal Topics
Right to Fair Trial, Extradition, Arbitrary Detention, Right to Liberty, Right to Legal Aid, Right to Be Heard, Criminal Procedure, Judicial Remedies
Source Language
en
Human Rights Law Criminal Law International Law Right to Fair Trial Extradition Arbitrary Detention Right to Liberty Right to Legal Aid +3 more

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Summary, issues, holding and outcome

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Parties

Kennedy Owino Onyachi

Applicant

Charles John Mwanini Njoka

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Petition / Final Judgment

  1. 1 Whether the applicants' right to a fair trial under Article 7 of the African Charter was violated
  2. 2 Whether the applicants' right to liberty under Article 6 was violated by arbitrary detention
  3. 3 Whether the lack of legal aid violated the applicants' rights

Ratio Decidendi

The Court found that the applicants' right to a fair trial was violated due to irregularities in the identification process, lack of legal aid at the Supreme Court, and unjustified delay in providing judgment copies. The applicants' right to liberty was violated by their arbitrary re-arrest and detention after acquittal on the same facts. The Court found no violation of Articles 3 or 5 due to lack of substantiation. The respondent was ordered to take measures to eliminate the consequences of the violations, including possible release of the applicants.

Court Disposition

Application partly allowed; violations found; remedial measures ordered.

Orders

  • Respondent to take all necessary measures to eliminate consequences of violations and restore applicants' rights, including possible release.
  • Respondent to report measures taken within six months.