mango and another c republique unie de tanzanie requete n 0052015 2021 afchpr 1 2 decembre 2021

mango and another c republique unie de tanzanie requete n 0052015 2021 afchpr 1 2 decembre 2021

The Court found that the applicants failed to prove material damages or entitlement to legal fees, but established moral harm due to violations of fair trial rights. Moral damages were awarded to the applicants and certain proven indirect victims. Requests for non-repetition guarantees and publication were denied as...

Source-derived case information.

Citation
mango and another c republique unie de tanzanie requete n 0052015 2021 afchpr 1 2 decembre 2021
Parties
Applicant: Thobias Mang’ara Mango; Applicant: Shukurani Masegenya Mango; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Reparations Application / Final Judgment on Reparations
Outcome
Partially allowed; reparations for moral damages granted to applicants and certain indirect victims; other claims dismissed.
Legal Topics
Right to Fair Trial, Legal Aid, Reparations, Moral Damages, Material Damages, Non Repetition Guarantees
Source Language
en
Human Rights Law Criminal Procedure Right to Fair Trial Legal Aid Reparations Moral Damages Material Damages Non Repetition Guarantees

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Parties

Thobias Mang’ara Mango

Applicant

Shukurani Masegenya Mango

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Reparations Application / Final Judgment on Reparations

  1. 1 Whether the applicants are entitled to pecuniary and non-pecuniary reparations for violations of fair trial rights
  2. 2 Whether indirect victims are entitled to moral damages
  3. 3 Whether the respondent State must guarantee non-repetition and publish the judgment

Ratio Decidendi

The Court found that the applicants failed to prove material damages or entitlement to legal fees, but established moral harm due to violations of fair trial rights. Moral damages were awarded to the applicants and certain proven indirect victims. Requests for non-repetition guarantees and publication were denied as unnecessary due to legal reforms and lack of ongoing risk.

Court Disposition

Partially allowed; reparations for moral damages granted to applicants and certain indirect victims; other claims dismissed.

Orders

  • Applicants awarded 2,500,000 Tanzanian shillings each for moral damages.
  • Dorothea Thobias Mango (spouse of first applicant) awarded 2,000,000 Tanzanian shillings for moral damages.