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Benyoma v United Republic of Tanzania (Application No. 001/2016) [2019] AfCHPR 35 (26 September 2019)
- Citation
- [2019] AfCHPR 35
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Court on Human and Peoples Rights
- Panel
- Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
- Case number
- Application No. 001/2016
- Language
- English
More details
- Court
- African Court on Human and Peoples Rights
- Panel
- Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
- Case number
- Application No. 001/2016
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court determined that, in the interests of justice, the proceedings in Application No. 001/2016 should be re-opened to allow the Respondent State's response to the Applicant's submissions on reparations to be considered. The Court found that the delay in filing was sufficiently explained by the Respondent State as resulting from reforms in the State Law Offices. The Respondent State's response is deemed duly filed and will be served on the Applicant, who is granted thirty days to reply. This ensures both parties have a fair opportunity to present arguments on reparations, upholding the principles of fair trial and equality before the law as enshrined in the Charter.
Court disposition
Order granting re-opening of pleadings and acceptance of Respondent State's late response.
Orders
- Proceedings in Application No. 001/2016 Chrizostom Benyoma v United Republic of Tanzania are re-opened.
- 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.
02
Material facts
Parties
Chrizostom Benyoma
Applicant Counsel: self-representedUnited Republic of Tanzania
Respondent Counsel: Dr Clement J Mashamba, Ms Sarah Mwaipopo, Ambassador Baraka Luvanda, Ms Nkasori Sarakikya, Mr Mark Mulwambo, Ms Sylvia Matiku, Mr Elisha Suka03
Procedural history
Posture
Miscellaneous Application / Order on Re Opening of Pleadings
04
Questions and positions
Legal issues
- 01
Whether the Respondent State violated the Applicant's right to equal protection before the law under Article 3(2) of the Charter.
- 02
Whether the Applicant's right to be heard during trial and appeals was infringed.
- 03
Whether the Respondent State's late response to reparations submissions should be accepted.
Party arguments
- Applicant
- The Applicant alleges that his rights under Article 3(2) of the Charter, specifically equal protection before the law and the right to be heard during his trial and appeals for rape, were violated. He seeks reparations for these alleged violations.
- Respondent
- The Respondent State requested an extension of time to file its response to the Applicant's submissions on reparations, citing delays due to reforms in the State Law Offices. The response was filed together with the extension request.
05
Court’s reasoning
Legal principles
- 01
Rule 8(2) of the Rules of Court
Proceedings may be re-opened in the interests of justice to allow parties to fully present their case.
- 02
Article 3(2) of the African Charter on Human and Peoples’ Rights
Right to equal protection before the law and right to be heard are protected under the African Charter on Human and Peoples’ Rights.
06
Ratio, limits and disposition
Ratio decidendi
The Court determined that, in the interests of justice, the proceedings in Application No. 001/2016 should be re-opened to allow the Respondent State's response to the Applicant's submissions on reparations to be considered. The Court found that the delay in filing was sufficiently explained by the Respondent State as resulting from reforms in the State Law Offices. The Respondent State's response is deemed duly filed and will be served on the Applicant, who is granted thirty days to reply. This ensures both parties have a fair opportunity to present arguments on reparations, upholding the principles of fair trial and equality before the law as enshrined in the Charter.
Obiter and limits
- The Court notes that the Respondent State deposited the Declaration under Article 34(6) of the Protocol, enabling individual applications.
- Judge Imani D. Aboud, a national of Tanzania, did not hear the Application in accordance with Article 22 of the Protocol.
Court disposition
Order granting re-opening of pleadings and acceptance of Respondent State's late response.
- Proceedings in Application No. 001/2016 Chrizostom Benyoma v United Republic of Tanzania are re-opened.
- 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.
Source and reliance status
African Court on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Court on Human and Peoples Rights
Judgment
| | | | | --- | --- | --- | | AFRICAN UNION |  | UNION AFRICAINE | |  | UNIÃO AFRICANA | | AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES | | |
IN THE MATTER OF
CHRIZOSTOM BENYOMA
V.
UNITED REPUBLIC OF TANZANIA
APPLICATION NO. 001/2016
ORDER ON RE-OPENING OF PLEADINGS
26 SEPTEMBER 2019
The Court composed of: Sylvain ORÉ, President; Ben KIOKO, Vice-President; Rafaâ BEN ACHOUR, Ângelo V. MATUSSE, Suzanne MENGUE, M-Thérèse MUKAMULISA Tujilane R. CHIZUMILA, Chafika BENSAOULA, Blaise TCHIKAYA, Stella I. ANUKAM, Judges, and Robert ENO, Registrar.
Pursuant to Article 22 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) and Rule 8(2) of the Rules of Court (hereinafter referred to as “the Rules”), Judge Imani D. ABOUD, member of the Court and a national of Tanzania, did not hear the Application.
In the matter of:
Chrizostom BENYOMA
*self-represented,*
versus
UNITED REPUBLIC OF TANZANIA,
represented by:
1. Dr Clement J MASHAMBA, Solicitor General, Office of the Solicitor General 2. Ms. Sarah MWAIPOPO,Acting Deputy Attorney General and Director of the Division of Constitutional Affairs and Human Rights, Attorney General’s Chambers 3. Ambassador Baraka LUVANDA, Head of Legal Unit, Ministry of Foreign Affairs, East Africa, Regional and International Cooperation 4. Ms. Nkasori SARAKIKYA, Assistant Director, Human Rights, Principal State Attorney, Attorney General’s Chambers 5. Mr. Mark MULWAMBO, Principal State Attorney, Attorney General’s Chambers 6. Ms Sylvia MATIKU, Principal State Attorney, Attorney General’s Chambers 7. Mr. Elisha SUKA, Foreign Service Officer, Ministry of Foreign Affairs, East Africa, Regional and International Cooperation.
after deliberation,
*issues the following Order:*
1. THE PARTIES 2. The Applicant, Mr. Chrizostom Benyoma is a national of the United Republic of Tanzania. He was convicted of the offence of rape on 28 February 2002 and sentenced to life imprisonment which he is currently serving.
3. The Respondent State, the United Republic of Tanzania, became a party to, the African Charter on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on 21 October 1986 and to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) on 10 February 2006. On 29 March 2010, the Respondent State deposited the Declaration as prescribed under Article 34(6) of the Protocol. 4. SUBJECT MATTER OF THE APPLICATION 5. The Application, filed on 4 January 2016, is based on the Respondent State’s alleged violations of the Applicant’s right to equal protection before the law under Article 3(2) of the Charter and the right to be heard in the course of his trial and appeals on the charge of rape. 6. SUMMARY OF PROCEDURE BEFORE THE COURT 7. The Parties exchanged pleadings on the merits. The Applicant filed his submissions on reparations. On 12 June 2019 the Parties were notified of the close of pleadings.
8. On 26 August 2019 the Respondent State filed a request for extension of time to file its Response to the Applicant’s submissions on reparations on the basis that the delay in responding was due to the reforms in the State Law Offices. The Respondent State filed the response to the submissions together with the request for extension of time. 9. THE COURT: 10. Orders that, in the interests of justice, proceedings in *Application No. 001/2016 Chrizostom Benyoma v United Republic of Tanzania* be and are hereby re-opened 11. The Respondent State’s Response to the Applicant’s submissions on reparations is deemed as duly filed and to be served on the Applicant.
12. The Applicant’s Reply, if any, should be filed within thirty (30) days of receipt of the Respondent State’s Response.
Signed:
Sylvain ORÉ, President
and Robert ENO, Registrar.
Done at Arusha, this Twenty Sixth Day of September in the Year 2019.
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