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Tanzania decisions
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The High Court ordered valuation and compensation, or alternative land, after finding villagers were deprived of land for a VETA project without proper safeguards.
The Court held that, following the death of the first applicant and the request of the remaining applicants, it is appropriate and necessary for the administration of justice to remove the deceased's name and modify the title of the application, with no impact on the substantive examination of the case.
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The Court found that the applicants were entitled to limited pecuniary and non-pecuniary reparations for violations of the right to be tried within a reasonable time and to legal aid, but dismissed most material damage claims for lack of evidence. Moral damages were awarded to direct and indirect victims. Orders for release and non-repetition were denied as not justified. The Court ordered publication of the judgments and reporting on implementation. Each party to bear its own costs.
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The African Court reopened proceedings, allowed amendment and further evidence, declined to separate the joint application, and permitted submissions on reparations.
The Court granted the applicant's requests to amend his application, submit additional evidence, and file submissions on reparations, finding it appropriate to allow these procedural steps within fifteen days from notification of the order.
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Both parties must be heard on the effect of Rwanda's withdrawal of its declaration under Article 34(6) of the Protocol before the Court decides on the consequences; procedural requests by applicant must be submitted in writing.
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