abubakari c republica unida da tanzania processo n 0072013 2019 afchpr 86 4 julho 2019

abubakari c republica unida da tanzania processo n 0072013 2019 afchpr 86 4 julho 2019

The Tribunal found it competent to order reparations, determined that the applicant suffered moral damages due to violations of fair trial rights, but found no sufficient proof for material damages or for compensation to siblings and nephew. Compensation was awarded to the applicant, his wife, and son, with...

Source-derived case information.

Citation
abubakari c republica unida da tanzania processo n 0072013 2019 afchpr 86 4 julho 2019
Parties
Applicant: Mohamed Abubakari; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Reparations / Final Judgment on Reparations
Outcome
Applicant partially succeeds; reparations awarded for moral damages to applicant, wife, and son; other claims dismissed.
Legal Topics
Right to Fair Trial, Compensation for Human Rights Violations, Judicial Remedies, Non Pecuniary Reparations, State Responsibility
Source Language
en
Human Rights Law International Law Right to Fair Trial Compensation for Human Rights Violations Judicial Remedies Non Pecuniary Reparations State Responsibility

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Parties

Mohamed Abubakari

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Reparations / Final Judgment on Reparations

  1. 1 Whether the applicant is entitled to pecuniary and non-pecuniary reparations for violations of fair trial rights
  2. 2 Whether the Tribunal has competence to order reparations for acts prior to Tanzania's declaration accepting jurisdiction
  3. 3 Whether family members are entitled to compensation as indirect victims

Ratio Decidendi

The Tribunal found it competent to order reparations, determined that the applicant suffered moral damages due to violations of fair trial rights, but found no sufficient proof for material damages or for compensation to siblings and nephew. Compensation was awarded to the applicant, his wife, and son, with publication of the judgment as satisfaction. Requests for release, guarantees of non-repetition, and further costs were denied.

Court Disposition

Applicant partially succeeds; reparations awarded for moral damages to applicant, wife, and son; other claims dismissed.

Orders

  • Respondent to pay 2,000,000 TZS to applicant for moral damages.
  • Respondent to pay 1,500,000 TZS to applicant's wife for moral damages.