Wakilii

Mango and Another v United Republic of Tanzania (Application No. 005-2015)

African Court on Human and Peoples' Rights · [2021] AfCHPR 1 · 2021 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for reparations following judgment on merits finding violations of fair trial rights under the African Charter on Human and Peoples' Rights
Decision
Reparations awarded to applicants and certain indirect victims for moral prejudice; claims for material prejudice and non-pecuniary reparations dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court awarded pecuniary reparations to the applicants and certain indirect victims for moral prejudice resulting from violations of the right to a fair trial under Article 7(1)(c) of the African Charter. The Court dismissed claims for material prejudice, reimbursement of domestic legal fees, and non-pecuniary reparations including guarantees of non-repetition and publication orders. Awards totalling TZS 10,500,000 were granted to the applicants and three proven indirect victims.

Outcome

Reparations awarded to applicants and certain indirect victims for moral prejudice; claims for material prejudice and non-pecuniary reparations dismissed

Facts

The applicants, two brothers, were convicted of armed robbery and sentenced to 30 years imprisonment following criminal proceedings in Tanzania. In their initial application filed in 2015, they alleged violations of their right to a fair trial arising from the Respondent State's failure to provide them with free legal assistance and with copies of some witness statements, and delays in providing witness statements. On 11 May 2018, the Court rendered judgment on merits finding violations of Article 7(1)(c) of the African Charter regarding failure to provide free legal assistance and failure to provide copies of witness statements with delays. The Court allowed the applicants to file submissions on reparations. The Second Applicant was released from prison on 26 April 2021 on Presidential pardon. This judgment addresses the applicants' claims for pecuniary and non-pecuniary reparations.

Issues

  1. Whether the applicants are entitled to pecuniary reparations for material prejudice allegedly suffered as a result of their imprisonment.
  2. Whether the applicants are entitled to pecuniary reparations for moral prejudice suffered as a result of violations of their right to a fair trial.
  3. Whether indirect victims (family members) are entitled to reparations for moral prejudice suffered.
  4. Whether the applicants are entitled to reimbursement of legal fees incurred in domestic proceedings.
  5. Whether the applicants are entitled to non-pecuniary reparations including guarantees of non-repetition and measures of satisfaction.

Orders

  • Dismisses the Applicants' prayer for damages for material prejudice allegedly suffered.
  • Dismisses the Applicants' prayer for damages for moral prejudice to certain alleged indirect victims (Kiliona Mango, Yasinta Thobias Mango, Selemani Thobias Mango, Florida Shukurani alias Holyda Masuka, Masegenya Shukurani Mango, Harid David, Wallace Mpangala, Mohamed Bashir, Monica Simkiwa and Rhoda Simkiwa).
  • Dismisses the Applicants' prayer for reimbursement for legal fees before domestic courts.
  • Awards Mr Thobias Mang'ara Mango the sum of Tanzanian Shillings Two Million, Five Hundred Thousand (TZS 2,500,000) for moral prejudice.
  • Awards Shukurani Masegenya Mango the sum of Tanzanian Shillings Two Million, Five Hundred Thousand (TZS 2,500,000) for moral prejudice.
  • Awards Dorothea Thobias Mango alias Dorothea John Magesa (First Applicant's wife) Tanzanian Shillings Two Million (TZS 2,000,000) for moral prejudice.
  • Awards Happy Mango (First Applicant's daughter) Tanzanian Shillings One Million Five Hundred Thousand (TZS 1,500,000) for moral prejudice.
  • Awards Dickson Masegenya Mango (Applicants' brother) Tanzanian Shillings One Million (TZS 1,000,000) for moral prejudice.
  • Orders the Respondent State to pay the amounts indicated free from taxes, effective six months from the date of notification of this Judgment, failing which, it will pay interest on arrears calculated on the basis of the applicable rate of the Central Bank of the United Republic of Tanzania.
  • Dismisses the Applicants' prayer for an order regarding non-repetition of the violations.
  • Dismisses the Applicants' prayer for an order regarding publication of the judgment on merits of 11 May 2018.
  • Orders the Respondent State to submit a report on measures taken to implement the orders within six months of notification and thereafter every six months until full implementation.
  • Orders each Party to bear its own costs.

Rules and key headnotes

Human Rights — Reparations — Causal Link Between Violation and Prejudice
For a claim for material prejudice to be granted, the applicant must show a causal link between the violation established and the loss suffered, and must prove the loss suffered through documentary evidence such as business licenses, tax filings, and bank records.
Human Rights — Reparations — Moral Prejudice Presumption
Moral prejudice does not need to be proven as there is a presumption at law in favour of the applicant, resulting in the burden of proof shifting to the respondent state, and moral prejudice is presumed to result from established violations of human rights.
Human Rights — Reparations — Indirect Victims
With regard to indirect victims, moral prejudice is presumed for parents, spouses and children, and reparation is granted only when there is evidence of spousal relationship or filiation through marriage certificates, birth certificates or other acceptable proof; for other categories of indirect victims, there must be proof of the moral prejudice suffered.
Human Rights — Reparations — Currency of Award
Damages should be awarded, where possible, in the currency in which loss was incurred; where all potential awardees reside on the territory of the respondent state and the prejudice occurred in the same country, damages will be awarded in the local currency even if claims are made in foreign currency.
Human Rights — Reparations — Guarantees of Non-Repetition
Guarantees of non-repetition generally apply in cases of systemic violations but are also relevant in individual cases where violations will not cease, are likely to reoccur, or are systemic or structural in nature; where criminal proceedings have been finalised and there is no possibility of violations being repeated, an order for non-repetition is not necessary.
Human Rights — Reparations — Reimbursement of Legal Fees
Reparations may include reimbursement of legal fees and expenses incurred during domestic proceedings, but it is incumbent upon an applicant to provide proof that they retained counsel and proof of fees paid through retainer agreements, receipts of payment or bank transfers.

Legislation cited (8)

  • 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 27(1)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 1
  • Rules of Court Rule 9(2)
  • Rules of Court Rule 63
  • Rules of Court Rule 32(2)
  • Legal Aid Act 2017 (Tanzania)

Cases cited (24)

  • Mohamed Abubakari v United Republic of Tanzania (Application No. 007/2013)
  • Alex Thomas v United Republic of Tanzania (Application No. 005/2013)
  • Lucien Ikili Rashidi v United Republic of Tanzania (Application No. 009/2015)
  • Ingabire Victoire Umuhoza v Rwanda (Application No. 003/2014)
  • Reverend Christopher R. Mtikila v United Republic of Tanzania (Application No. 011/2011)
  • Lohé Issa Konaté v Burkina Faso (Application No. 004/2013)
  • Norbert Zongo and Others v Burkina Faso (Application No. 013/2011)
  • Armand Guehi v United Republic of Tanzania (Application No. 001/2015)
  • Kennedy Owino Onyachi and Charles John Mwanini Njoka v United Republic of Tanzania (Application No. 003/2015)
  • Christopher Jonas v United Republic of Tanzania (Application No. 011/2015)
  • Amir Ramadhani v United Republic of Tanzania (Application No. 010/2015)
  • Léon Mugesera v Rwanda (Application No. 012/2017)
  • Wilfred Onyango Nganyi and 9 Others v United Republic of Tanzania (Application No. 007/2013)
  • Sawhoyamaxa Indigenous Community v. Paraguay
  • Bámaca-Velásquez v. Guatemala
  • Young, James and Webster v. United Kingdom
  • Aloeboetoe et al v. Suriname (Reparations and Costs), IACtHR Judgment of 10 September 1993
  • Velasquez Rodriguez v. Honduras (Merits) IACtHR Judgment of 29 July 1988
  • Gonzalez Medina and Family v. Dominican Republic (Preliminary objections, merits, reparations and costs) IACtHR Judgment of 27 February 2012
  • El-Masri v. the Former Yugoslav Republic of Macedonia No. 39630/09 ECHR 13 December 2012
  • Merabishvili v. Georgia No. 72508/13 ECHR 28 November 2017
  • The Caracazo v. Venezuela (Reparations and Costs) IACtHR Judgment of 29 August 2002
  • Ticona Estrada & Others v. Bolivia
  • Castillo-Paez v. Peru

Full judgment

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Mango and Another v United Republic of Tanzania (Application No. 005-2015) [2021] AfCHPR 1 (2 December 2021)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.