Kakobeka v Tanzania (Application No. 029-2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court ordered the re-opening of pleadings in the interests of justice to allow the Respondent State to file its response to the Applicant's submissions on reparations, granted the extension of time, and directed the Applicant to file a reply within thirty days.
Outcome
Pleadings re-opened to allow further submissions on reparations
Facts
The Applicant, a Tanzanian national, was convicted of murder and sentenced to death by the Tanzania High Court on 26 June 2015. He filed an application before the African Court on Human and Peoples' Rights on 8 June 2016 alleging violations of his rights to equality before the law and equal protection of the law under the African Charter. After the parties exchanged pleadings on the merits and the Applicant filed submissions on reparations, pleadings were closed on 12 June 2019. On 16 August 2019, the Respondent State requested an extension of time to file its response to the reparations submissions, stating that information was being sought from various stakeholders. The Respondent State filed its response together with the extension request. The Applicant did not submit observations on the request.
Issues
- Whether proceedings should be re-opened to allow the Respondent State to file its response to the Applicant's submissions on reparations.
Orders
- Proceedings in Application No. 029/2016 Kachukura Nshekanabo Kakobeka v United Republic of Tanzania are 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.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.