maige c republique unie de tanzanie requete n 0182017 2023 afchpr 28 5 septembre 2023

maige c republique unie de tanzanie requete n 0182017 2023 afchpr 28 5 septembre 2023

The Court found that the respondent State violated the applicant's right to legal assistance under Article 7(1)(c) of the Charter, read with Article 14(3)(d) of the ICCPR, and his right to dignity under Article 5 of the Charter by sentencing him to corporal punishment. The Court found no violation regarding the...

Source-derived case information.

Citation
maige c republique unie de tanzanie requete n 0182017 2023 afchpr 28 5 septembre 2023
Parties
Applicant: Yassin Rashid Maige; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed; violations found regarding legal assistance and corporal punishment; other claims dismissed.
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Prohibition of Torture and Inhuman or Degrading Treatment, Non Discrimination, Judicial Remedies, Compensation for Human Rights Violations
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Assistance Prohibition of Torture and Inhuman or Degrading Treatment Non Discrimination Judicial Remedies Compensation for Human Rights Violations

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Parties

Yassin Rashid Maige

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to a fair trial was violated under Article 7(1) of the African Charter
  2. 2 Whether the applicant's right to legal assistance was violated
  3. 3 Whether the applicant was subjected to inhuman or degrading treatment by the imposition of corporal punishment

Ratio Decidendi

The Court found that the respondent State violated the applicant's right to legal assistance under Article 7(1)(c) of the Charter, read with Article 14(3)(d) of the ICCPR, and his right to dignity under Article 5 of the Charter by sentencing him to corporal punishment. The Court found no violation regarding the right to be tried within a reasonable time, non-discrimination, or the right to fair trial in relation to the evaluation of evidence and grounds of appeal. The Court ordered compensation for moral damage and required the respondent to repeal laws permitting corporal punishment.

Court Disposition

Application partly allowed; violations found regarding legal assistance and corporal punishment; other claims dismissed.

Orders

  • Respondent to pay applicant 300,000 Tanzanian shillings as compensation for moral damage within six months, tax-free, with interest for late payment.
  • Respondent to repeal all legislative provisions authorizing corporal punishment, including in the Penal Code, Criminal Procedure Act, and Corporal Punishment Act, to comply with Article 5 of the Charter.