mugesera c republique du rwanda requete n 0122017 2020 afchpr 9 27 novembre 2020

mugesera c republique du rwanda requete n 0122017 2020 afchpr 9 27 novembre 2020

The Court found violations of the applicant's rights to defence, to life, to be free from cruel, inhuman and degrading treatment, and to family, based on credible evidence of deprivation of medical care, inadequate food, restricted family contact, and threats in detention. The Court rejected claims regarding legal...

Source-derived case information.

Citation
mugesera c republique du rwanda requete n 0122017 2020 afchpr 9 27 novembre 2020
Parties
Applicant: Léon Mugesera; Respondent: République du Rwanda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Partially allowed
Legal Topics
Right to Fair Trial, Right to Life, Prohibition of Cruel, Inhuman or Degrading Treatment, Right to Family, Right to Information
Source Language
en
Human Rights Law International Law Right to Fair Trial Right to Life Prohibition of Cruel, Inhuman or Degrading Treatment Right to Family Right to Information

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Parties

Léon Mugesera

Applicant

République du Rwanda

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Violation of right to fair trial
  2. 2 Violation of right to defence
  3. 3 Violation of right to legal assistance

Ratio Decidendi

The Court found violations of the applicant's rights to defence, to life, to be free from cruel, inhuman and degrading treatment, and to family, based on credible evidence of deprivation of medical care, inadequate food, restricted family contact, and threats in detention. The Court rejected claims regarding legal assistance and impartial tribunal due to insufficient proof, and awarded pecuniary and non-pecuniary reparations.

Court Disposition

Partially allowed

Orders

  • State to pay applicant and indirect victims specified sums for moral damages and legal fees
  • State to designate independent physician to assess applicant's health and recommend assistance