[2019] AfCHPR 30

[2019] AfCHPR 30

The Court determined that, in the interest of justice, the Respondent State's response to the Applicant's submissions on reparations should be deemed properly filed despite procedural delays. The proceedings in Application 010/2015 are therefore reopened to allow the Applicant an opportunity to reply to the Respondent State's response. This ensures both parties are afforded a fair opportunity to present their arguments on reparations following the Court's earlier finding of violations of the Charter. The Court's orders are made to facilitate a just determination of the reparations due to the Applicant.

Citation
[2019] AfCHPR 30
Parties
Applicant: Amir Ramadhani; Respondent: United Republic of Tanzania
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
7 August 2019
Case Number
Application No. 010/2015
Procedural Posture
Reparations Application / Order on Reopening and Submissions
Outcome
proceedings reopened; submissions ordered
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 Legal Assistance, Fair Trial, Reparations Procedure
Source Language
English
Constitutional Law Civil Procedure Right to Legal Assistance Fair Trial Reparations Procedure

Case Brief

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Parties

Amir Ramadhani

Applicant

United Republic of Tanzania

Respondent

Procedural Posture

Reparations Application / Order on Reopening and Submissions

Legal Issues

  1. 1 Whether the Respondent State's response to the Applicant's submissions on reparations should be deemed properly filed.
  2. 2 Whether the proceedings in Application 010/2015 should be reopened to allow further submissions on reparations.
  3. 3 Whether the Applicant should be granted an opportunity to reply to the Respondent State's response.

Ratio Decidendi

The Court determined that, in the interest of justice, the Respondent State's response to the Applicant's submissions on reparations should be deemed properly filed despite procedural delays. The proceedings in Application 010/2015 are therefore reopened to allow the Applicant an opportunity to reply to the Respondent State's response. This ensures both parties are afforded a fair opportunity to present their arguments on reparations following the Court's earlier finding of violations of the Charter. The Court's orders are made to facilitate a just determination of the reparations due to the Applicant.

Court Disposition

proceedings reopened; submissions ordered

Orders

  • The proceedings in Application 010/2015 Amir Ramadhani v. United Republic of Tanzania (Reparations) are hereby reopened.
  • The Respondent State's response to the Applicant's submissions on reparations is deemed properly filed.