rashidi c republique unie de tanzanie requete n 0092015 2019 afchpr 10 28 mars 2019

rashidi c republique unie de tanzanie requete n 0092015 2019 afchpr 10 28 mars 2019

The Court found that the applicant was in possession of official documents indicating a pending passport replacement and a valid police certificate at the time of arrest, making his detention and subsequent expulsion a violation of his right to choose residence and freedom of movement. The rectal search, conducted...

Source-derived case information.

Citation
rashidi c republique unie de tanzanie requete n 0092015 2019 afchpr 10 28 mars 2019
Parties
Applicant: Lucien Ikili Rashidi; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application / Final Judgment on Merits and Reparations
Outcome
Application partly granted; violations found; reparations awarded.
Legal Topics
Right to Residence, Freedom of Movement, Right to Dignity, Right to Be Tried Within a Reasonable Time, Prohibition of Degrading Treatment, State Responsibility, Reparations
Source Language
en
Human Rights Law International Law Right to Residence Freedom of Movement Right to Dignity Right to Be Tried Within a Reasonable Time Prohibition of Degrading Treatment State Responsibility +1 more

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Parties

Lucien Ikili Rashidi

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment on Merits and Reparations

  1. 1 Whether the applicant's arrest and detention violated his right to choose residence and freedom of movement under Article 12(1) of the African Charter
  2. 2 Whether the rectal search constituted a violation of dignity and prohibition of degrading treatment under Articles 4 and 5 of the Charter
  3. 3 Whether the delay in judicial proceedings violated the right to be tried within a reasonable time under Article 7(1)(d) of the Charter

Ratio Decidendi

The Court found that the applicant was in possession of official documents indicating a pending passport replacement and a valid police certificate at the time of arrest, making his detention and subsequent expulsion a violation of his right to choose residence and freedom of movement. The rectal search, conducted without necessity and in front of his children, constituted degrading treatment and violated his dignity and physical integrity. The excessive delay of over six years in the domestic proceedings was unreasonable and violated the right to be tried within a reasonable time. The applicant was prevented from exhausting domestic remedies due to the state's failure to provide...

Court Disposition

Application partly granted; violations found; reparations awarded.

Orders

  • Respondent to pay applicant 10,000,000 Tanzanian shillings for moral damages.
  • Respondent to pay 1,000,000 Tanzanian shillings to each of applicant's wife and children for moral damages.