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Tanzania Case Law

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Human rights law koutche v republic of benin application no 0202019 2021 afchpr 43 25 june 2021

koutche v republic of benin application no 0202019 2021 afchpr 43 25 june 2021

Court
TANZLII

The application is inadmissible because the applicant failed to exhaust available and effective domestic remedies before the national courts of Benin. The proceedings before the relevant courts were ongoing at the time of filing, and the applicant did not demonstrate that remedies were unduly prolonged or unavailable. The political context and alleged lack of judicial independence did not exempt the applicant from the exhaustion requirement. The language used in the application was not found to be disparaging.

Source excerpt

  • Exhaustion of local remedies
  • Right to fair trial
  • Judicial independence
  • Political rights
  • Freedom of movement
  • Property rights
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Human rights law ajavon c republica do benim processo n 0132017 2019 afchpr 12 29 marco 2019

ajavon c republica do benim processo n 0132017 2019 afchpr 12 29 marco 2019

Court
TANZLII

The Tribunal found that the applicant's rights to a fair trial, equality before the law, presumption of innocence, property, and judicial independence were violated by the respondent state. The CRIET lacked competence to retry the applicant as the prior acquittal had become final, thus violating the principle of non bis in idem. The applicant was denied access to case files, not properly informed of charges, and deprived of legal representation before the CRIET. The law establishing the CRIET created inequality between parties, and administrative actions against the applicant's companies viol…

Source excerpt

  • Right to fair trial
  • Judicial independence
  • Non bis in idem
  • Presumption of innocence
  • Right to property
  • Equality before the law
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.