nganyi and others c republique unie de tanzanie arret requete 0062013 2016 afchpr 69 18 mars 2016

nganyi and others c republique unie de tanzanie arret requete 0062013 2016 afchpr 69 18 mars 2016

The Court found that the applicants' right to be tried within a reasonable time was violated due to excessive and unjustified delays in national proceedings, not attributable to the applicants or the complexity of the case, but to lack of diligence by national authorities. The Court also found a violation of the...

Source-derived case information.

Citation
nganyi and others c republique unie de tanzanie arret requete 0062013 2016 afchpr 69 18 mars 2016
Parties
Applicant: Wilfred Onyango Nganyi et 9 autres; Respondent: Republique-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Human Rights Application Before the African Court on Human and Peoples' Rights / Final Judgment on Merits and Preliminary Objections
Outcome
Application allowed in part; violations found; reparations to be determined in further proceedings.
Legal Topics
Right to Fair Trial, Right to Legal Representation, Reasonable Time for Trial, Exhaustion of Domestic Remedies, Judicial Delay
Source Language
en
Human Rights Law Criminal Procedure Right to Fair Trial Right to Legal Representation Reasonable Time for Trial Exhaustion of Domestic Remedies Judicial Delay

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Parties

Wilfred Onyango Nganyi et 9 autres

Applicant

Republique-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application Before the African Court on Human and Peoples' Rights / Final Judgment on Merits and Preliminary Objections

  1. 1 Whether the applicants' right to be tried within a reasonable time was violated
  2. 2 Whether the applicants were denied legal assistance in violation of the Charter
  3. 3 Whether the applicants exhausted domestic remedies

Ratio Decidendi

The Court found that the applicants' right to be tried within a reasonable time was violated due to excessive and unjustified delays in national proceedings, not attributable to the applicants or the complexity of the case, but to lack of diligence by national authorities. The Court also found a violation of the right to legal assistance, as the applicants were left without representation after their counsel abandoned them, and the State failed to provide legal aid or inform them of their right to such assistance, despite the seriousness of the charges and the applicants' indigence.

Court Disposition

Application allowed in part; violations found; reparations to be determined in further proceedings.

Orders

  • Respondent to provide legal assistance to applicants in ongoing national proceedings.
  • Respondent to take all necessary measures within a reasonable time to expedite and finalize all pending criminal appeals involving the applicants.