penessis c republique unie de tanzanie requete n 0132015 2019 afchpr 50 28 novembre 2019

penessis c republique unie de tanzanie requete n 0132015 2019 afchpr 50 28 novembre 2019

The applicant established a presumption of Tanzanian nationality by birth through documentary evidence and witness testimony. The respondent failed to rebut this presumption with conclusive proof. Consequently, the applicant's arrest, detention, and denial of freedom of movement were arbitrary and violated Articles...

Source-derived case information.

Citation
penessis c republique unie de tanzanie requete n 0132015 2019 afchpr 50 28 novembre 2019
Parties
Applicant: Robert John Penessis; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application allowed in part; violations found; reparations ordered.
Legal Topics
Nationality, Arbitrary Detention, Freedom of Movement, Right to Liberty, Due Process, Reparations
Source Language
en
Human Rights Law International Law Nationality Arbitrary Detention Freedom of Movement Right to Liberty Due Process Reparations

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Parties

Robert John Penessis

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant is a Tanzanian national and if deprivation of nationality was arbitrary
  2. 2 Whether the applicant's detention violated the right to liberty and security of person
  3. 3 Whether the applicant's right to freedom of movement was violated

Ratio Decidendi

The applicant established a presumption of Tanzanian nationality by birth through documentary evidence and witness testimony. The respondent failed to rebut this presumption with conclusive proof. Consequently, the applicant's arrest, detention, and denial of freedom of movement were arbitrary and violated Articles 5, 6, and 12 of the African Charter. The respondent state also breached its general obligations under Article 1 of the Charter.

Court Disposition

Application allowed in part; violations found; reparations ordered.

Orders

  • Respondent to pay applicant 10,000,000 Tanzanian shillings for moral damages and 300,000 shillings per month for continued illegal detention after notification until release.
  • Respondent to pay applicant's mother 5,000,000 Tanzanian shillings for moral damages as indirect victim.