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Tanzania decisions
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The High Court struck out a civil suit for want of jurisdiction, holding that compensation claims linked to FCC seizure of goods had to go through the statutory forum.
The respondent violated the applicant’s rights by failing to provide authenticated copies of the judgment and case files, preventing timely appeal and resulting in prolonged arbitrary detention. The delay of over fifteen years was unreasonable and deprived the applicant of liberty without adequate procedural safeguards, breaching Articles 6 and 7 of the African Charter.
Source excerpt
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 respon…
Source excerpt
Tanzania violated applicant's rights by failing to provide trial documents necessary for appeal, resulting in prolonged arbitrary detention and denial of fair trial guarantees. Subsequent release and annulment do not absolve the state of responsibility for the violations and prejudice suffered.
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