ajavon v republic of benin application no 0132017 2018 afchpr 17 5 december 2018

The Court determined that developments after deliberation are continuous with the original facts and, in the interest of justice, it has inherent power to reopen proceedings and admit new evidence.

Citation: ajavon v republic of benin application no 0132017 2018 afchpr 17 5 december 2018
Parties: Applicant: Sébastien Germain Ajavon; Respondent State: Republic of Benin
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 5 December 2018
Procedural Posture: Application / Order for Re Opening of Proceedings
Outcome: Deliberation set aside, proceedings reopened, new evidence admitted, Applicant allowed 30 days to reply.
Legal Topics: Right to Fair Trial, Drug Trafficking, Judicial Process, Provisional Measures
Source Language: English

Human Rights Right to Fair Trial Drug Trafficking Judicial Process Provisional Measures

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Parties

Sébastien Germain Ajavon

Applicant

Republic of Benin

Respondent State

Procedural Posture

Application / Order for Re Opening of Proceedings

Legal Issues

1 Whether the creation and actions of CRIET constitute fresh violations of Applicant's rights
2 Whether the Court should stay execution of CRIET judgment
3 Admissibility of new allegations and evidence

Ratio Decidendi

The Court determined that developments after deliberation are continuous with the original facts and, in the interest of justice, it has inherent power to reopen proceedings and admit new evidence.

Court Disposition

Deliberation set aside, proceedings reopened, new evidence admitted, Applicant allowed 30 days to reply.

Orders

Deliberation on Application No. 013/2017 set aside
Written pleadings reopened