viking and another c republique unie de tanzanie requete n 0062015 2018 afchpr 77 23 mars 2018

viking and another c republique unie de tanzanie requete n 0062015 2018 afchpr 77 23 mars 2018

The Court found that the respondent State violated Article 7(1)(c) of the African Charter by refusing the applicants access to witness statements, failing to call key witnesses for cross-examination, and not facilitating a medical examination relevant to the defense. These failures undermined the applicants' right...

Source-derived case information.

Citation
viking and another c republique unie de tanzanie requete n 0062015 2018 afchpr 77 23 mars 2018
Parties
Applicant: Nguza Viking (Babu Seya); Applicant: Johnson Nguza (Papi Kocha); Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partially upheld
Legal Topics
Right to Fair Trial, Right to Dignity, Right to Legal Representation, Right to Equality Before the Law, Right to Participate in Public Affairs, Right to Family Protection, Remedies for Human Rights Violations
Source Language
en
Human Rights Law Criminal Law International Law Right to Fair Trial Right to Dignity Right to Legal Representation Right to Equality Before the Law Right to Participate in Public Affairs +2 more

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Parties

Nguza Viking (Babu Seya)

Applicant

Johnson Nguza (Papi Kocha)

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicants' right to a fair trial under Article 7(1)(c) of the African Charter was violated
  2. 2 Whether the applicants' right to dignity and integrity under Article 5 of the African Charter was violated
  3. 3 Whether the applicants' rights under Articles 13 and 18(1) of the African Charter were violated

Ratio Decidendi

The Court found that the respondent State violated Article 7(1)(c) of the African Charter by refusing the applicants access to witness statements, failing to call key witnesses for cross-examination, and not facilitating a medical examination relevant to the defense. These failures undermined the applicants' right to a fair trial and equality of arms. The Court found no violation of Article 5 (dignity), nor of Articles 13 and 18(1) (public affairs and family protection), due to lack of substantiation. The violation of Article 7(1)(c) entailed a consequential violation of Article 1 of the Charter.

Court Disposition

Application partially upheld

Orders

  • Declared violation of Article 7(1)(c) of the African Charter for failure to provide witness statements, call key witnesses, and facilitate medical examination for the first applicant.
  • Declared consequential violation of Article 1 of the African Charter.