nganyi and others c republica unida da tanzania processo n 0062013 2019 afchpr 24 4 julho 2019

nganyi and others c republica unida da tanzania processo n 0062013 2019 afchpr 24 4 julho 2019

The Court found that the State violated the applicants’ rights to be tried within a reasonable time and to legal assistance, entitling them and their close relatives to material and moral damages. However, claims for loss of earnings and legal costs were only granted where sufficiently proven. The Court rejected...

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Citation
nganyi and others c republica unida da tanzania processo n 0062013 2019 afchpr 24 4 julho 2019
Parties
Applicant: Wilfred Onyango Nganyi, Boniface Mwangi Mburu, David Ngugi Mburu, Michael Mbanya Wathigo, Peter Gikura Mburu, Simon Githinji Kariuki, Jimmy Maina Njoroge, Patrick Muthe Muriithi, Gabriel Kungu Kariuki, Simon Ndung’u Kiambuthi; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Reparations / Final Judgment on Reparations
Outcome
Partial award of reparations; other claims dismissed.
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Judicial Delay, Reparations, Damages (material and Moral), State Responsibility
Source Language
en
Human Rights Law International Law Right to Fair Trial Right to Legal Assistance Judicial Delay Reparations Damages (material and Moral) State Responsibility

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Parties

Wilfred Onyango Nganyi, Boniface Mwangi Mburu, David Ngugi Mburu, Michael Mbanya Wathigo, Peter Gikura Mburu, Simon Githinji Kariuki, Jimmy Maina Njoroge, Patrick Muthe Muriithi, Gabriel Kungu Kariuki, Simon Ndung’u Kiambuthi

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Reparations / Final Judgment on Reparations

  1. 1 Whether the applicants are entitled to pecuniary and non-pecuniary reparations for violations of the right to be tried within a reasonable time and to legal assistance under Article 7(1)(c) and (d) of the African Charter on Human and Peoples’ Rights
  2. 2 Whether the applicants’ relatives are entitled to compensation as indirect victims
  3. 3 Whether the applicants are entitled to release from detention as a form of reparation

Ratio Decidendi

The Court found that the State violated the applicants’ rights to be tried within a reasonable time and to legal assistance, entitling them and their close relatives to material and moral damages. However, claims for loss of earnings and legal costs were only granted where sufficiently proven. The Court rejected claims for release, non-repetition orders, and additional legal costs, finding no basis for such relief under the circumstances. The Court ordered publication of the reparations and merits judgments as a form of satisfaction.

Court Disposition

Partial award of reparations; other claims dismissed.

Orders

  • Award of specified sums for material and moral damages to certain applicants and their relatives.
  • Order to publish the reparations and merits judgments on official websites for at least one year.