nganyi and others c republique unie de tanzanie requete n 0062013 2019 afchpr 24 4 juillet 2019

nganyi and others c republique unie de tanzanie requete n 0062013 2019 afchpr 24 4 juillet 2019

The Court found that only applicants acquitted by national courts and their close relatives were entitled to pecuniary and moral compensation, as the violations (delay and lack of legal aid) did not affect the outcome for those convicted. Material damages were awarded only where sufficiently proven. Moral damages...

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Citation
nganyi and others c republique unie de tanzanie requete n 0062013 2019 afchpr 24 4 juillet 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: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Reparations Application / Final Judgment on Reparations
Outcome
Partially allowed; reparations granted in part; most claims dismissed.
Legal Topics
Right to Fair Trial, Judicial Delay, Legal Aid, Reparations, Compensation for Wrongful Detention, Non Pecuniary Damages
Source Language
en
Human Rights Law International Law Right to Fair Trial Judicial Delay Legal Aid Reparations Compensation for Wrongful Detention Non Pecuniary Damages

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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

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 the right to be tried within a reasonable time and to legal assistance under 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 declared guilty are entitled to release or further reparations

Ratio Decidendi

The Court found that only applicants acquitted by national courts and their close relatives were entitled to pecuniary and moral compensation, as the violations (delay and lack of legal aid) did not affect the outcome for those convicted. Material damages were awarded only where sufficiently proven. Moral damages were awarded on an equitable basis to direct and indirect victims. The Court rejected claims for release, non-repetition guarantees, and most legal costs, except where justified by evidence. The Court ordered publication of the reparations and merits judgments and required the respondent to report on implementation.

Court Disposition

Partially allowed; reparations granted in part; most claims dismissed.

Orders

  • Pecuniary compensation awarded to certain applicants and relatives for proven material and moral harm.
  • Respondent to pay specified sums within six months, failing which interest accrues at the central bank rate until full payment.