Wakilii

Nganyi and Others v Tanzania (Judgment - Reparations) (Application No. 006-2013)

African Court on Human and Peoples' Rights · [2019] AfCHPR 24 · 2019 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
Decision
Reparations awarded to applicants and their family members; convicted applicants remain in custody; respondent state ordered to publish judgments and report on implementation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights awarded reparations to ten Kenyan nationals for violations of their fair trial rights by Tanzania. The Court granted pecuniary damages for material loss to some acquitted applicants, awarded moral damages to all applicants and their family members, and ordered Tanzania to pay compensation for non-provision of legal aid during domestic proceedings. The Court declined to order the release of convicted applicants but ordered publication of both the merits and reparations judgments on Tanzanian government websites.

Outcome

Reparations awarded to applicants and their family members; convicted applicants remain in custody; respondent state ordered to publish judgments and report on implementation

Facts

Ten Kenyan nationals were arrested in Mozambique and transferred to Tanzania where they were detained and prosecuted for murder and armed robbery. Five applicants were acquitted and released in March 2014 after the murder charge was withdrawn for lack of evidence. Two of these five subsequently died in September 2015. The remaining five applicants were convicted of armed robbery and sentenced to thirty years imprisonment each. In its merits judgment of 18 March 2016, the African Court found Tanzania violated the applicants' rights to be tried within a reasonable time and to legal aid under Article 7(1)(c) and (d) of the African Charter. The Court found a delay of thirty months and fourteen days before trial commenced. The Court ordered Tanzania to provide legal aid for pending appeals and expedite their conclusion. The applicants then sought reparations for material and non-material damages.

Issues

  1. What reparations are due to applicants for violations of the right to be tried within a reasonable time and the right to legal aid?
  2. Whether applicants are entitled to pecuniary damages for material loss including loss of income and legal fees incurred in domestic proceedings?
  3. Whether applicants are entitled to non-pecuniary damages for moral harm suffered?
  4. Whether indirect victims (family members) are entitled to compensation for moral harm?
  5. Whether applicants who were convicted should be released from prison as a form of reparation?
  6. Whether the respondent state should be ordered to publish the judgment and guarantee non-repetition of violations?

Orders

  • Does not grant the prayer for material damages sought by Peter Gikura Mburu, Michael Mbanya Wathigo, Margaret Nyambura Githinji, and Winnie Njoki Mwangi.
  • Awards US$2,000 to David Ngugi Mburu for loss of income.
  • Awards US$250 to Peter Gikura Mburu for medical expenses.
  • Awards TZS 1,800,000 to David Ngugi Mburu for fees incurred in domestic proceedings.
  • Awards TZS 50,000 to Michael Mbanya Wathigo for fees incurred in domestic proceedings.
  • Awards TZS 2,000,000 to Peter Gikura Mburu for fees incurred in domestic proceedings.
  • Does not grant damages to convicted applicants for long imprisonment, emotional anguish, disruption of life plan, and loss of social status.
  • Awards US$3,000 to each acquitted applicant and to representatives of deceased applicants for moral damages.
  • Awards US$4,000 to each convicted applicant for moral damages.
  • Awards US$1,000 to each spouse of applicants.
  • Awards US$800 to each child of applicants.
  • Awards US$500 to each parent of applicants.
  • Awards TZS 300,000 to each convicted applicant for non-provision of legal aid during domestic proceedings.
  • Orders respondent state to pay all amounts free from taxes within six months, failing which interest will accrue at the Central Bank of Tanzania rate.
  • Does not grant the order for release of convicted applicants.
  • Does not grant the order regarding non-repetition.
  • Orders respondent state to publish this judgment and the merits judgment on websites of the Judiciary and Ministry of Constitutional and Legal Affairs within three months, ensuring accessibility for at least one year.
  • Orders respondent state to submit implementation report within six months and thereafter every six months until full implementation.
  • Does not grant prayer for payment of costs and expenses incurred before the Court.
  • Decides that each party shall bear its own costs.

Rules and key headnotes

Reparations — Pecuniary Damages — Burden of Proof
For reparation claims to be granted, the respondent state must be internationally responsible, causation must be established, reparation should cover the full damage suffered, and the applicant bears the onus to justify the claims made with supporting evidence.
Reparations — Material Loss — Loss of Income — Standard of Proof
Claims for material damage including loss of income must be supported by tangible evidence such as business contracts, bank statements, or tax certificates attesting to the actual income received; business licences and delivery notes alone are insufficient to prove quantum of loss without comprehensive documentation of income generated.
Reparations — Non-Material Loss — Moral Damages — Assessment
In cases of human rights violations, prejudice is assumed and assessment of quantum for non-material damage must be done in fairness taking into account the circumstances of the case; lump sums are awarded in such circumstances.
Reparations — Indirect Victims — Standing and Entitlement
Close relatives of victims of human rights violations may claim compensation for moral damage arising from indirect suffering and distress; entitlement is determined on a case-by-case basis and is warranted for the closest relatives being spouses, children, fathers and mothers who must produce marriage certificates, birth certificates, or equivalent proof of relationship.
Reparations — Release from Custody — Special Circumstances Required
An order for release of a convicted person as a form of reparation can only be made in special or compelling circumstances determined on a case-by-case basis, taking into consideration mainly proportionality between the measure sought and the extent of the violation established; release is warranted where conviction is based entirely on arbitrary considerations and continued detention would occasion a miscarriage of justice.
Reparations — Non-Repetition Guarantees — Applicability
While guarantees of non-repetition generally apply in cases of systemic violations, these remedies are relevant in individual cases where the violation will not cease or is likely to reoccur; where violations have ceased and remedy has been duly afforded, an order regarding non-repetition is not necessary.
Reparations — Publication of Judgment — Circumstances Warranting
Publication of a judgment may be ordered as a measure of satisfaction in cases of grave or systemic violations affecting the domestic system, where the respondent state has not implemented a previous order of the court in relation to the same case, or where there is need to enhance public awareness of the findings; failure to implement a court order to expedite appeals more than two years after the merits judgment warrants publication.

Legislation cited (4)

  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 7(1)(d)
  • 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)

Cases cited (15)

  • Wilfred Onyango Nganyi and Others v Tanzania (Application No. 006/2013)
  • Norbert Zongo and Others v Burkina Faso (Application No. 013/2011)
  • Lohé Issa Konaté v Burkina Faso (Application No. 004/2013)
  • Reverend Christopher R. Mtikila v Tanzania (Application No. 011/2011)
  • Armand Guehi v Tanzania (Application No. 001/2015)
  • Ingabire Victoire Umuhoza v Rwanda (Application No. 003/2014)
  • Alex Thomas v Tanzania (Application No. 005/2013)
  • Diocles William v Tanzania (Application No. 016/2016)
  • Minani Evarist v Tanzania (Application No. 027/2015)
  • Mgosi Mwita Makungu v Tanzania (Application No. 006/2016)
  • Raymond v. Italy, 22 February 1994, § 2 série A no 281 A
  • Stojkovic v. The Former Yugoslav Republic Of Macedonia, no 14818/02, 8 November 2007
  • X v. France, 31 March 1992, § 26, série A no 234 C
  • M.P. and Others v. Bulgaria, no 22457/08, 15 November 2011
  • Case of the "Street Children" Villagran-Morales et al. v. Guatemala, Inter-American Court of Human Rights, Judgment on Reparations and Costs (26 May 2001)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Nganyi and Others v Tanzania (Judgment - Reparations) (Application No. 006-2013) [2019] AfCHPR 24 (4 July 2019)
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.