rashidi c republica unida da tanzania processo n 0092015 2019 afchpr 10 28 marco 2019

rashidi c republica unida da tanzania processo n 0092015 2019 afchpr 10 28 marco 2019

The applicant's detention and deportation were unlawful as he held valid documentation of lost passport and was entitled to a reasonable expectation of legal residence. The anal inspection constituted cruel, inhuman, and degrading treatment, violating dignity and physical integrity. The delay of over six years in...

Source-derived case information.

Citation
rashidi c republica unida da tanzania processo n 0092015 2019 afchpr 10 28 marco 2019
Parties
Applicant: Lucien Ikili Rashidi; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Violation (african Court) / Merits and Reparations Judgment
Outcome
Application partially granted
Legal Topics
Right to Residence, Freedom of Movement, Right to Dignity, Right to a Fair Trial, Detention and Deportation, Reparations, Procedural Admissibility
Source Language
en
Human Rights Law International Law Right to Residence Freedom of Movement Right to Dignity Right to a Fair Trial Detention and Deportation Reparations +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lucien Ikili Rashidi

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Violation (african Court) / Merits and Reparations Judgment

  1. 1 Whether the applicant's detention and deportation violated his rights to residence and freedom of movement under Article 12(1) of the African Charter
  2. 2 Whether the anal inspection violated the applicant's right to dignity and physical integrity under Articles 4 and 5 of the African 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 African Charter

Ratio Decidendi

The applicant's detention and deportation were unlawful as he held valid documentation of lost passport and was entitled to a reasonable expectation of legal residence. The anal inspection constituted cruel, inhuman, and degrading treatment, violating dignity and physical integrity. The delay of over six years in judicial proceedings was excessive and violated the right to be tried within a reasonable time. The application was admissible as remedies were not accessible and the time taken to file was reasonable given the circumstances.

Court Disposition

Application partially granted

Orders

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