Uganda Case Law

Noudehouenou v Republic of Benin (Application No. 028/2020)

Noudehouenou v Republic of Benin (Application No. 028/2020) [2022] AfCHPR 39 (1 December 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 028/2020

Judge

Aboud P, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko J, Tchikaya VP

The Court found that the composition and functioning of the High Judicial Council (HJC) in Benin, as structured by the impugned legislation, is dominated by the executive branch, including the President of the Republic and several ministers, with the President holding the casting vote and appointing a majority of members. This arrangement undermines the independence of the judiciary, violating Article 26 of the African Charter. Regarding Article 410(3) of the Penal Code, the Court held that restricting technical commentary on judicial decisions to specialized journals is an unjustified and di…

Source excerpt

• Judicial Independence
• Freedom Of Expression
• Enforcement Of Court Judgments
• Effective Remedy
• Composition Of Judicial Councils
• Moral Damages

Mariko v Republic of Mali (Application No. 029/2018)

Mariko v Republic of Mali (Application No. 029/2018) [2022] AfCHPR 6 (24 March 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 029/2018

Judge

Aboud P, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The African Court found Mali violated fair-hearing guarantees, judicial independence, and electoral-body independence, and awarded 1,000,000 CFA francs in moral damages.

• Right To Fair Trial
• Judicial Independence
• Electoral Bodies
• Adversarial Proceedings
• Effective Remedy
• Moral Damages

Onyachi and Another v United Republic of Tanzania (Application No. 003/2015)

Onyachi and Another v United Republic of Tanzania (Application No. 003/2015) [2021] AfCHPR 24 (30 September 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 003/2015

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The African Court awarded each applicant TZS 5,000,000 for moral prejudice and ordered their release from custody, but dismissed all other reparations claims.

• Right To Liberty
• Fair Trial
• Moral Damages
• Reparations
• Release From Custody
• Fair-trial

Isiaga v United Republic of Tanzania (Application No. 032/2015)

Isiaga v United Republic of Tanzania (Application No. 032/2015) [2021] AfCHPR 38 (25 June 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 032/2015

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The African Court awarded Kijiji Isiaga TZS 300,000 for moral prejudice after finding a violation of his right to free legal assistance. Other reparations claims were dismissed.

• Right To Fair Trial
• Legal Aid
• Reparations
• Moral Damages
• Human-rights-reparations
• Fair-trial

Ramadhani v United Republic of Tanzania

Ramadhani v United Republic of Tanzania [2021] AfCHPR 34 (25 June 2021)

Court

African Court on Human and Peoples Rights

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Mukamulisa J, Tchikaya J

The African Court awarded Amir Ramadhani TZS 300,000 for moral prejudice after finding Tanzania failed to provide free legal assistance, but dismissed all other reparations claims.

• Right To Fair Trial
• Legal Aid
• Moral Damages
• Reparations
• Judicial Review
• Legal-aid

Jonas v United Republic of Tanzania

Jonas v United Republic of Tanzania [2020] AfCHPR 20 (25 September 2020)

Court

African Court on Human and Peoples Rights

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The Court found that the applicant was entitled to moral damages as a direct victim of the violation of his right to legal assistance, as established in the judgment on the merits. The Court held that material loss claims were not warranted because the conviction and incarceration were not found unlawful. Claims for moral prejudice by indirect victims were dismissed for lack of causal link to the violation. The Court awarded the applicant a lump sum of TZS 300,000 as fair compensation for moral prejudice, consistent with its established practice in similar cases. Non-pecuniary reparations suc…

Source excerpt

• Right To Fair Trial
• Legal Aid
• Moral Damages
• Reparations
• African Charter Article 7
• State Obligations