[2020] AfCHPR 62
The Court determined that, due to the Applicants' failure to submit necessary supporting documents for some of their claims for reparations and the Respondent State's failure to respond to the Applicants' submissions, it is unable to decide the question of reparations with full knowledge of the facts. To ensure...
Source-derived case information.
- Citation
- [2020] AfCHPR 62
- Parties
- Applicant: Nguza Viking (Babu Seya); Applicant: Johnson Nguza (Papi Kocha); Respondent: United Republic of Tanzania
- Court
- African Court on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Application No. 006/2015
- Procedural Posture
- Application for Reopening Pleadings / Order for Reopening of Pleadings
- Outcome
- Order for reopening of pleadings issued.
- 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, Reparations, Failure to Disclose Evidence, Material Witnesses, Judicial Orders, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nguza Viking (Babu Seya)
Applicant
Johnson Nguza (Papi Kocha)
Applicant
United Republic of Tanzania
Respondent
Procedural Posture
Application for Reopening Pleadings / Order for Reopening of Pleadings
Legal Issues
- 1 Whether the Respondent State complied with the Court's judgment regarding restoration of Applicants' rights.
- 2 Whether the Applicants have provided sufficient documentary evidence to support their claims for reparations.
- 3 Whether pleadings should be reopened to allow additional observations or evidence.
Ratio Decidendi
The Court determined that, due to the Applicants' failure to submit necessary supporting documents for some of their claims for reparations and the Respondent State's failure to respond to the Applicants' submissions, it is unable to decide the question of reparations with full knowledge of the facts. To ensure procedural fairness and a complete evidentiary record, the Court ordered the reopening of pleadings and invited both parties to file any additional observations or evidence within ten days of notification of the Order.
Court Disposition
Order for reopening of pleadings issued.
Orders
- The pleadings are reopened.
- Both parties are invited to file any additional observations or evidence within ten (10) days of notification of this Order.
Full Case Text
Judgment text and source record
31 paragraphs
| AFRICAN UNION | | UNION AFRICAINE | |-----------------------------------------------------|--|------------------| | +*ltt rl=f,tl | | UI. IIAO AFRICANA | | AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS | | | | COUR AFRICAINE DES DROITS DE L'HOMME ET DES PEUPLES | | |
THE MATTER OF
## NGUZA VTKTNG (BABU SEYA) AND JOHNSON NGUZA (pApt KOCHA)
V.
UNITED REPUBLIC OF TANZANIA
APPLTCATION NO. 006/2015
ORDER FOR REOPENING OF PLEADINGS
9 March 2020
L
The Court composed of: Sylvain ORE, President; Ben KIOKO, Vice-President; Rafad BEN ACHOUR, Angelo V. IUATUSSE, Suzanne IVENGUE, IM-Th6rdse MUKAMULISA, Tujilane R. CHIZUMILA and Chafika BENSAOULA, Blaise TCHIKAYA, Stella l. ANUKAM, Judges; and Robert ENO, Registrar.
ln accordance with Article 22 of the Protocol to the African Charler on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights and Rule 8(2) of the Rules of Court (hereinafter referred to as "the Rules"), Justice lmani D. ABOUD, member of the Court and a national of Tanzania, recused herself.
In the matter of.
Nguza VIKING (Babu SEYA) AND Johnson NGUZA (Papi KOCHA)
represented by:
Advocate Donald O. DEYA, Pan African Lawyers Union (PALU)
UNITED REPUBLIC OF TANZANIA
represented by:
Dr. Clement Julius t\4ASHAIVBA, Solicitor General, Attorney General's Chambers
after deliberation, lssues the following Order.
1.
@
## I. SUBJECT OF THE APPLICATION
- 1. Pursuant to the judgment of the Court on the merits of 23 l/arch 2018, written submissions for reparations were filed by [Vlessrs Nguza Viking and Johnson Nguza (hereinafter referred to as the first and second Applicant respectively). ln the said judgment, this Court found that the United Republic of Tanzania (hereinafter the Respondent State) violated Articles 1 and 7(1)(c) of the African Charter on Human and Peoples' Rights (hereinafter referred to as "the Charter") by reason of failure to provide the Applicants with copies of witness statements, failure to call material witnesses as well as failure to facilitate the first Applicant to conduct a test as to his impotence. - 2. Having found these violations, the Court ordered the Respondent State "to take all necessary measures within a reasonable time to restore the Applicants' rights and inform the Court, within six (6) months, from the date of this judgment of the measures taken". - 3. Pursuant to Rule 63 of the Rules, the Court directed the Applicants to file their submissions on reparations within thirty (30) days of the judgment and the Respondent State to file the submissions in response thereto within thirty (30) days of receipt of the Applicants' submissions. - 4. On 23 August 2018, the Applicants filed their written submissions on reparations and this was transmitted to the Respondent State on 24 August 20'18. The Respondent State is yet to file a Response to date. - 5. The Court notes, however, that the Applicants have not filed the necessary documents in support of some of their claims for reparations, which does not allow the Court to decide the question of reparations with full knowledge of the facts.
e\_--
## I!. THE COURT
- 6. Decides to reopen pleadings and invites the parties to file any additional observations or evidence. - 7. Further decides that the said additional observations or evidence shall be filed within ten (10) days of the notification of this Order.
Signed
Sylvain ORE, President
and Robert ENO, Registrar.
Done at Arusha, this Ninth Day of the Mo of March , in English and French, the English text being authoritative