[2019] AfCHPR 23

[2019] AfCHPR 23

The Court found that the Applicant's rights to a fair trial were violated by the Respondent State, entitling him to moral damages. However, claims for material damages (loss of income and life plan) were dismissed due to lack of evidence of regular income prior to arrest. Moral prejudice to indirect victims was only granted to the Applicant's wife and son, based on sufficient proof of affiliation; claims for siblings and nephew were dismissed for lack of evidence. Restoration of liberty was denied as moot, since the Applicant had already been released. Guarantees of non-repetition were not ordered, as the violations were not systemic and the relevant legal reforms had already been...

Citation
[2019] AfCHPR 23
Parties
Applicant: Mohamed Utolu Abubakari; Respondent: United Republic of Tanzania
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
4 July 2019
Case Number
Application No. 007/2013
Procedural Posture
Human Rights Application / Judgment on Reparations
Outcome
Application partially granted; reparations awarded for moral prejudice to Applicant, wife, and son; other claims dismissed.
Judges
Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
Legal Topics
Fair Trial Rights, Compensation for Human Rights Violations, Legal Aid Entitlement, Moral and Material Damages, State Obligations Under International Law
Source Language
English
Constitutional Law Civil Procedure Fair Trial Rights Compensation for Human Rights Violations Legal Aid Entitlement Moral and Material Damages State Obligations Under International Law

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Parties

Mohamed Utolu Abubakari

Applicant

United Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Judgment on Reparations

Legal Issues

  1. 1 Whether the Applicant is entitled to pecuniary and non-pecuniary reparations for violations of his fair trial rights.
  2. 2 Whether the Respondent State is liable to compensate indirect victims for moral prejudice.
  3. 3 Whether the Court has jurisdiction to award reparations for acts occurring before Tanzania's declaration accepting jurisdiction.

Ratio Decidendi

The Court found that the Applicant's rights to a fair trial were violated by the Respondent State, entitling him to moral damages. However, claims for material damages (loss of income and life plan) were dismissed due to lack of evidence of regular income prior to arrest. Moral prejudice to indirect victims was only granted to the Applicant's wife and son, based on sufficient proof of affiliation; claims for siblings and nephew were dismissed for lack of evidence. Restoration of liberty was denied as moot, since the Applicant had already been released. Guarantees of non-repetition were not ordered, as the violations were not systemic and the relevant legal reforms had already been...

Court Disposition

Application partially granted; reparations awarded for moral prejudice to Applicant, wife, and son; other claims dismissed.

Orders

  • Respondent State to pay Tanzanian Shillings Two Million (TZS 2,000,000) to the Applicant.
  • Respondent State to pay Tanzanian Shillings One Million, Five Hundred Thousand (TZS 1,500,000) to the Applicant's wife, Lukresia L. Kimario.