richard c republique unie de tanzanie requete n 0352016 2021 afchpr 7 2 decembre 2021

richard c republique unie de tanzanie requete n 0352016 2021 afchpr 7 2 decembre 2021

The Court found that the nearly ten-year delay in deciding the applicant’s appeal, without justification or complexity, constituted a violation of the right to be tried within a reasonable time under Article 7(1)(d) of the African Charter. The delay was attributable to the respondent state, and the applicant had...

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Citation
richard c republique unie de tanzanie requete n 0352016 2021 afchpr 7 2 decembre 2021
Parties
Applicant: Robert Richard; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application allowed in part; violation found; reparations awarded
Legal Topics
Right to Be Tried Within a Reasonable Time, Judicial Delay, Remedies for Human Rights Violations
Source Language
en
Human Rights Law Right to Be Tried Within a Reasonable Time Judicial Delay Remedies for Human Rights Violations

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Parties

Robert Richard

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to be tried within a reasonable time under Article 7(1)(d) of the African Charter was violated

Ratio Decidendi

The Court found that the nearly ten-year delay in deciding the applicant’s appeal, without justification or complexity, constituted a violation of the right to be tried within a reasonable time under Article 7(1)(d) of the African Charter. The delay was attributable to the respondent state, and the applicant had exercised due diligence.

Court Disposition

Application allowed in part; violation found; reparations awarded

Orders

  • Respondent to pay applicant five million (5,000,000) Tanzanian shillings as compensation for moral prejudice within six months, tax-free, with interest for late payment at the Bank of Tanzania rate.
  • Respondent to publish the judgment within three months on the judiciary and Ministry of Constitutional and Legal Affairs websites, ensuring accessibility for at least one year.