[2019] AfCHPR 35
The Court determined that, in the interests of justice, the proceedings in Application No. 001/2016 should be re-opened to allow the Respondent State's response to the Applicant's submissions on reparations to be considered. The Court found that the delay in filing was sufficiently explained by the Respondent State...
Source-derived case information.
- Citation
- [2019] AfCHPR 35
- Parties
- Applicant: Chrizostom Benyoma; Respondent: United Republic of Tanzania
- Court
- African Court on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Application No. 001/2016
- Procedural Posture
- Miscellaneous Application / Order on Re Opening of Pleadings
- Outcome
- Order granting re-opening of pleadings and acceptance of Respondent State's late response.
- Judges
- Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
- Legal Topics
- Right to Fair Trial, Equal Protection Before Law, Reparations, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chrizostom Benyoma
Applicant
United Republic of Tanzania
Respondent
Procedural Posture
Miscellaneous Application / Order on Re Opening of Pleadings
Legal Issues
- 1 Whether the Respondent State violated the Applicant's right to equal protection before the law under Article 3(2) of the Charter.
- 2 Whether the Applicant's right to be heard during trial and appeals was infringed.
- 3 Whether the Respondent State's late response to reparations submissions should be accepted.
Ratio Decidendi
The Court determined that, in the interests of justice, the proceedings in Application No. 001/2016 should be re-opened to allow the Respondent State's response to the Applicant's submissions on reparations to be considered. The Court found that the delay in filing was sufficiently explained by the Respondent State as resulting from reforms in the State Law Offices. The Respondent State's response is deemed duly filed and will be served on the Applicant, who is granted thirty days to reply. This ensures both parties have a fair opportunity to present arguments on reparations, upholding the principles of fair trial and equality before the law as enshrined in the Charter.
Court Disposition
Order granting re-opening of pleadings and acceptance of Respondent State's late response.
Orders
- Proceedings in Application No. 001/2016 Chrizostom Benyoma v United Republic of Tanzania are re-opened.
- The Respondent State’s Response to the Applicant’s submissions on reparations is deemed as duly filed and to be served on the Applicant.
Full Case Text
Judgment text and source record
24 paragraphs
| | | | | --- | --- | --- | | **AFRICAN UNION** |  | **UNION AFRICAINE** | |  | **UNIÃO AFRICANA** | | **AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS** **COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES** | | |
**IN THE MATTER OF**
**CHRIZOSTOM BENYOMA**
**V.**
**UNITED REPUBLIC OF TANZANIA**
**APPLICATION NO. 001/2016**
**ORDER ON RE-OPENING OF PLEADINGS**
**26 SEPTEMBER 2019**
**The Court composed of**: Sylvain ORÉ, President; Ben KIOKO, Vice-President; Rafaâ BEN ACHOUR, Ângelo V. MATUSSE, Suzanne MENGUE, M-Thérèse MUKAMULISA Tujilane R. CHIZUMILA, Chafika BENSAOULA, Blaise TCHIKAYA, Stella I. ANUKAM, Judges, and Robert ENO, Registrar.
Pursuant to Article 22 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) and Rule 8(2) of the Rules of Court (hereinafter referred to as “the Rules”), Judge Imani D. ABOUD, member of the Court and a national of Tanzania, did not hear the Application**.**
In the matter of:
Chrizostom BENYOMA
*self-represented,*
versus
UNITED REPUBLIC OF TANZANIA,
represented by:
1. Dr Clement J MASHAMBA, Solicitor General, Office of the Solicitor General 2. Ms. Sarah MWAIPOPO,Acting Deputy Attorney General and Director of the Division of Constitutional Affairs and Human Rights, Attorney General’s Chambers 3. Ambassador Baraka LUVANDA, Head of Legal Unit, Ministry of Foreign Affairs, East Africa, Regional and International Cooperation 4. Ms. Nkasori SARAKIKYA, Assistant Director, Human Rights, Principal State Attorney, Attorney General’s Chambers 5. Mr. Mark MULWAMBO, Principal State Attorney, Attorney General’s Chambers 6. Ms Sylvia MATIKU, Principal State Attorney, Attorney General’s Chambers 7. Mr. Elisha SUKA**,** Foreign Service Officer, Ministry of Foreign Affairs, East Africa, Regional and International Cooperation.
after deliberation,
*issues the following Order:*
1. **THE PARTIES** 2. The Applicant, Mr. Chrizostom Benyoma is a national of the United Republic of Tanzania. He was convicted of the offence of rape on 28 February 2002 and sentenced to life imprisonment which he is currently serving. 3. The Respondent State, the United Republic of Tanzania, became a party to, the African Charter on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on 21 October 1986 and to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) on 10 February 2006. On 29 March 2010, the Respondent State deposited the Declaration as prescribed under Article 34(6) of the Protocol. 4. **SUBJECT MATTER OF THE APPLICATION** 5. The Application, filed on 4 January 2016, is based on the Respondent State’s alleged violations of the Applicant’s right to equal protection before the law under Article 3(2) of the Charter and the right to be heard in the course of his trial and appeals on the charge of rape. 6. **SUMMARY OF PROCEDURE BEFORE THE COURT** 7. The Parties exchanged pleadings on the merits. The Applicant filed his submissions on reparations. On 12 June 2019 the Parties were notified of the close of pleadings. 8. On 26 August 2019 the Respondent State filed a request for extension of time to file its Response to the Applicant’s submissions on reparations on the basis that the delay in responding was due to the reforms in the State Law Offices. The Respondent State filed the response to the submissions together with the request for extension of time. 9. **THE COURT:** 10. Orders that, in the interests of justice, proceedings in *Application No. 001/2016 Chrizostom Benyoma v United Republic of Tanzania* be and are hereby re-opened 11. The Respondent State’s Response to the Applicant’s submissions on reparations is deemed as duly filed and to be served on the Applicant. 12. The Applicant’s Reply, if any, should be filed within thirty (30) days of receipt of the Respondent State’s Response.
Signed:
Sylvain ORÉ, President
and Robert ENO, Registrar.
Done at Arusha, this Twenty Sixth Day of September in the Year 2019.