abubakari c republique unie de tanzanie requete n 0032013 2019 afchpr 86 4 juillet 2019

abubakari c republique unie de tanzanie requete n 0032013 2019 afchpr 86 4 juillet 2019

The Court is competent to award reparations for violations of fair trial rights established in its prior judgment. Applicant failed to prove material damages or loss of income, but is entitled to moral damages for himself, his spouse, and his son, based on evidence of relationship and harm. Indirect victims must...

Source-derived case information.

Citation
abubakari c republique unie de tanzanie requete n 0032013 2019 afchpr 86 4 juillet 2019
Parties
Applicant: Mohamed Abubakari; Respondent: Republique-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Reparations Application / Final Judgment on Reparations
Outcome
Applicant partially succeeds; Court awards moral damages to applicant, spouse, and son; all other claims rejected.
Legal Topics
Right to Fair Trial, Judicial Assistance, Reparations, Non Repetition Guarantees, Publication of Judgments
Source Language
en
Human Rights International Law Right to Fair Trial Judicial Assistance Reparations Non Repetition Guarantees Publication of Judgments

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Parties

Mohamed Abubakari

Applicant

Republique-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Reparations Application / Final Judgment on Reparations

  1. 1 Whether applicant is entitled to pecuniary and non-pecuniary reparations for violations of fair trial rights
  2. 2 Whether indirect victims are entitled to compensation
  3. 3 Whether the Court is competent to award reparations for acts before Tanzania's declaration

Ratio Decidendi

The Court is competent to award reparations for violations of fair trial rights established in its prior judgment. Applicant failed to prove material damages or loss of income, but is entitled to moral damages for himself, his spouse, and his son, based on evidence of relationship and harm. Indirect victims must prove filiation; only spouse and son met this threshold. Non-pecuniary reparations include publication of judgments and reporting obligations. Requests for non-repetition guarantees and release are denied as moot or unnecessary. Each party bears its own costs.

Court Disposition

Applicant partially succeeds; Court awards moral damages to applicant, spouse, and son; all other claims rejected.

Orders

  • Respondent to pay applicant 2,000,000 Tanzanian shillings, spouse 1,500,000 shillings, son 1,000,000 shillings, tax-free within 6 months, with interest for delay.
  • Respondent to publish reparations and merits judgments on official websites for at least 1 year within 3 months.