rashidi v united republic of tanzania application no 0092015 2019 afchpr 10 28 march 2019

Parties

Procedural Posture

Application / Judgment (merits and Reparations)

Legal Issues

1. 1 Whether the Applicant's arrest and deportation violated his rights to residence and freedom of movement under Article 12(1) of the Charter
2. 2 Whether the anal search performed on the Applicant constituted a violation of his right to dignity under Article 5 of the Charter and integrity under Article 4
3. 3 Whether the delay of almost seven years in delivering judgment violated the Applicant's right to be tried within a reasonable time under Article 7(1)(d)

Ratio Decidendi

The Applicant's arrest and deportation while possessing valid documents and awaiting replacement passport constituted a violation of his right to residence and freedom of movement. The anal search performed in the presence of his children was degrading, violated his dignity and physical integrity. The seven-year delay in trial was unreasonable and violated his right to be tried within a reasonable time. The Respondent State is responsible for these violations and must provide reparations.

Court Disposition

Application allowed in part; Respondent State found in violation of Articles 4, 5, 7(1)(d), and 12(1) of the Charter.

Orders

• Respondent State to pay Applicant TZS 10,000,000 for moral damage from anal search and violation of dignity and integrity.
• Respondent State to pay Applicant's wife and children TZS 1,000,000 each for moral damage suffered.