viking and another c republique unie de tanzanie requete n 0062015 2020 afchpr 45 8 mai 2020

viking and another c republique unie de tanzanie requete n 0062015 2020 afchpr 45 8 mai 2020

Applicants failed to prove material damages or indirect victim status; moral damages for direct victims granted in equity due to established violations of fair trial rights; State ordered to publish judgment and report execution; non-repetition guarantees denied as applicants already released.

Source-derived case information.

Citation
viking and another c republique unie de tanzanie requete n 0062015 2020 afchpr 45 8 mai 2020
Parties
Applicant: Nguza Viking (Babu Seya); Applicant: Johnson Nguza (Papi Kocha); Respondent: République-Unie de Tanzanie; Intervenor: Union panafricaine des avocats (UPA)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Human Rights Reparations / Final Judgment (reparations)
Outcome
Partial grant of reparations; material damages and indirect victim claims rejected; moral damages for direct victims awarded; orders for publication and reporting; each party bears own costs.
Legal Topics
Fair Trial, Right to Defence, Reparations, Non Repetition Guarantees, Moral Damages
Source Language
en
Human Rights International Law Fair Trial Right to Defence Reparations Non Repetition Guarantees Moral Damages

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Parties

Nguza Viking (Babu Seya)

Applicant

Johnson Nguza (Papi Kocha)

Applicant

République-Unie de Tanzanie

Respondent

Union panafricaine des avocats (UPA)

Intervenor

Procedural Posture

Human Rights Reparations / Final Judgment (reparations)

  1. 1 Entitlement to reparations for violations of fair trial rights
  2. 2 Assessment of material and moral damages
  3. 3 Eligibility of indirect victims for compensation

Ratio Decidendi

Applicants failed to prove material damages or indirect victim status; moral damages for direct victims granted in equity due to established violations of fair trial rights; State ordered to publish judgment and report execution; non-repetition guarantees denied as applicants already released.

Court Disposition

Partial grant of reparations; material damages and indirect victim claims rejected; moral damages for direct victims awarded; orders for publication and reporting; each party bears own costs.

Orders

  • State to pay 20,000,000 Tanzanian shillings to Nguza Viking and 5,000,000 Tanzanian shillings to Johnson Nguza within six months, tax-free, or pay interest at central bank rate for late payment.
  • State to publish this judgment and the March 23, 2018 judgment on official judicial and ministry websites within three months, accessible for at least one year.