Benyoma v United Republic of Tanzania (Application No. 001-2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court granted the Respondent State's request for extension of time to file its Response to reparations submissions, citing delays due to reforms in State Law Offices. The Court ordered the re-opening of proceedings in the interests of justice, deemed the filed Response as duly filed, and directed service on the Applicant with thirty days allowed for reply.
Outcome
Matter remitted for continued pleadings on reparations
Facts
The Applicant, Chrizostom Benyoma, a Tanzanian national, was convicted of rape on 28 February 2002 and sentenced to life imprisonment. He filed an application before the African Court alleging violations of his rights to equal protection and fair hearing during his trial and appeals. The parties exchanged pleadings on merits and the Applicant filed submissions on reparations. Pleadings were closed on 12 June 2019. On 26 August 2019, the Respondent State requested an extension of time to file its Response to reparations submissions, citing delays caused by reforms in State Law Offices. The Response was filed together with the extension request.
Issues
- Whether the Respondent State should be granted an extension of time to file its Response to the Applicant's submissions on reparations.
- Whether the pleadings should be re-opened in the interests of justice.
Orders
- Proceedings in Application No. 001/2016 Chrizostom Benyoma v United Republic of Tanzania are hereby re-opened in the interests of justice.
- The Respondent State's Response to the Applicant's submissions on reparations is deemed as duly filed and to be served on the Applicant.
- The Applicant's Reply, if any, should be filed within thirty (30) days of receipt of the Respondent State's Response.
Rules and key headnotes
Legislation cited (4)
- Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
- Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
- Rules of Court Rule 8(2)
- African Charter on Human and Peoples' Rights Article 3(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.