onyachi and another c republique unie de tanzanie requete n 0032015 2017 afchpr 120 28 septembre 2017

onyachi and another c republique unie de tanzanie requete n 0032015 2017 afchpr 120 28 septembre 2017

The Court found that the applicants' right to a fair trial under Article 7(1) was violated due to irregularities in identification procedures, denial of legal representation before the Court of Appeal, and unjustified delay in providing judgment copies, which impeded their ability to seek review. The Court also...

Source-derived case information.

Citation
onyachi and another c republique unie de tanzanie requete n 0032015 2017 afchpr 120 28 septembre 2017
Parties
Applicant: Kennedy Owino Onyachi; Applicant: Charles John Njoka Mwanini; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partially allowed
Legal Topics
Fair Trial, Extradition, Right to Liberty, Right to Legal Representation, Right to Appeal, Arbitrary Detention
Source Language
en
Human Rights Criminal Law International Law Fair Trial Extradition Right to Liberty Right to Legal Representation Right to Appeal +1 more

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Summary, issues, holding and outcome

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Parties

Kennedy Owino Onyachi

Applicant

Charles John Njoka Mwanini

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / 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 re-arrest
  3. 3 Whether the applicants were denied legal representation in violation of Article 7(1)(c)

Ratio Decidendi

The Court found that the applicants' right to a fair trial under Article 7(1) was violated due to irregularities in identification procedures, denial of legal representation before the Court of Appeal, and unjustified delay in providing judgment copies, which impeded their ability to seek review. The Court also found violation of Article 6 due to arbitrary re-arrest and new charges after acquittal. No violation was found regarding Article 3, Article 5, or Article 7(2), as the conviction and sentence were based on laws in force at the time of the offense and no discrimination or inhuman treatment was established.

Court Disposition

Application partially allowed

Orders

  • Court declares violations of Articles 1, 6, and 7(1) of the Charter by the respondent.
  • Court orders respondent to take all necessary measures to erase consequences of violations, including restoration of applicants' rights and possible release.