mango and another c republique unie de tanzanie requete n 0052016 2018 afchpr 12 11 mai 2018

mango and another c republique unie de tanzanie requete n 0052016 2018 afchpr 12 11 mai 2018

The Court found that the respondent State violated Article 7(1)(c) of the African Charter by failing to provide the applicants with free legal assistance and by failing to provide timely access to certain witness statements, thereby impairing their right to prepare a defense. The Court also found a consequential...

Source-derived case information.

Citation
mango and another c republique unie de tanzanie requete n 0052016 2018 afchpr 12 11 mai 2018
Parties
Applicant: Thobias Mang'ara Mango; Applicant: Shukurani Masegenya Mango; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Partially in favour of applicants
Legal Topics
Right to Fair Trial, Access to Legal Counsel, Disclosure of Evidence, Exhaustion of Domestic Remedies, Remedies and Reparations
Source Language
en
Human Rights Law Criminal Law International Law Right to Fair Trial Access to Legal Counsel Disclosure of Evidence Exhaustion of Domestic Remedies Remedies and Reparations

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Summary, issues, holding and outcome

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Parties

Thobias Mang'ara Mango

Applicant

Shukurani Masegenya Mango

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 of the African Charter was violated
  2. 2 Whether the applicants were denied access to legal counsel
  3. 3 Whether the applicants were denied timely access to witness statements

Ratio Decidendi

The Court found that the respondent State violated Article 7(1)(c) of the African Charter by failing to provide the applicants with free legal assistance and by failing to provide timely access to certain witness statements, thereby impairing their right to prepare a defense. The Court also found a consequential violation of Article 1 of the Charter. Other alleged violations were not established or were unproven.

Court Disposition

Partially in favour of applicants

Orders

  • Declared the application admissible
  • Found violations of Article 7(1)(c) and Article 1 of the African Charter