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Tanzania Case Law

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Human rights rashidi v united republic of tanzania application no 0092015 2019 afchpr 10 28 march 2019

rashidi v united republic of tanzania application no 0092015 2019 afchpr 10 28 march 2019

The Court held Tanzania violated rights to residence, dignity, integrity, and hearing within a reasonable time, and awarded limited reparations.

  • Right to residence
  • Freedom of movement
  • Right to dignity
  • Right to be tried within a reasonable time
  • Degrading treatment
  • Physical integrity
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Human rights law rashidi c republica unida da tanzania processo n 0092015 2019 afchpr 10 28 marco 2019

rashidi c republica unida da tanzania processo n 0092015 2019 afchpr 10 28 marco 2019

The applicant's detention and deportation were unlawful as he held valid documentation of lost passport and was entitled to a reasonable expectation of legal residence. The anal inspection constituted cruel, inhuman, and degrading treatment, violating dignity and physical integrity. The delay of over six years in judicial proceedings was excessive and violated the right to be tried within a reasonable time. The application was admissible as remedies were not accessible and the time taken to file was reasonable given the circumstances.

  • Right to residence
  • Freedom of movement
  • Right to dignity
  • Right to a fair trial
  • Detention and deportation
  • Reparations
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Human rights law rashidi c republique unie de tanzanie requete n 0092015 2019 afchpr 10 28 mars 2019

rashidi c republique unie de tanzanie requete n 0092015 2019 afchpr 10 28 mars 2019

The Court found that the applicant was in possession of official documents indicating a pending passport replacement and a valid police certificate at the time of arrest, making his detention and subsequent expulsion a violation of his right to choose residence and freedom of movement. The rectal search, conducted without necessity and in front of his children, constituted degrading treatment and violated his dignity and physical integrity. The excessive delay of over six years in the domestic proceedings was unreasonable and violated the right to be tried within a reasonable time. The applic…

  • Right to residence
  • Freedom of movement
  • Right to dignity
  • Right to be tried within a reasonable time
  • Prohibition of degrading treatment
  • State responsibility
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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.