Ramadhani v United Republic of Tanzania (Application No. 010/2015) [2019] AfCHPR 83 (19 August 2019)

o t0l e.o 15 rct Io$l uq 00t 1?{ AFRICAN UNION rlsf,ll "+*r1t it * il UNTON AFRICAINE UNIAO AFRICANA AFRICAN COURT ON HUMAN AND PEOP LES'RIGHTS COUR AFRICAINE DES DROITS DE L'HOMME ET DES PEUPLES P. O Box 6274 Arusha,];anzania- Telephone: +255732 979506/9; Fax. +255 732979503 o o THE MATTER OF AMIR RAMADHANI V UNlTED REPUBLIC OF TANZANIA APPLICATION No. 01012015 (REPARATIONS) ORDER FOR REOPENING OF PLEADINGS 19 AUGUST 2019 fi nirD i.lt,t ,J' .1 ,\- ,f" ,t tr llltllfiS $l 0011? 3 The Court composed of: Sylvain ORE, President; Ben KIOKO, Vice-President; Rafad BEN ACHOUR, Angelo V. IvlA-l-USSE, Suzanne MENGUE, tM-Th6rdse MUKAMULISA Tujilane R. CHIZUMILA, Chafika BENSAOULA, Blaise TCHIKAYA, Stella l. 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 lmani D. ABOUD, member of the Court and a national of Tanzania, did not hear the Application. ln the Mafter of, Amir RAMADHANI represented by o Pan African Lawyers Union (PALU) Versus o UNITED REPUBLIC OF TANZANIA represented by Dr Clement J. Mashamba - Solicitor General, Office of the Solicitor General; IVs. Sarah IVWAIPOPO, Director, Constitutional Affairs and Human Rights, Attorney General's Chambers; Mr. Zachariah ELISARIA, Senior State Attorney, Attorney General's Chambers; Ms. Nkasori SARAKIKYA, Principal State Attorney, Attorney General's ll llt IV Chambers; 1, 00tt ?2 Mr' Benedict r' MsuyA, Second secretary Legar officer, Ministry of Foreign Affairs and lnternational Cooperation; f\rlr' Michael LUENA, Principal state Attorney. Attorney Genera's chambers; Mr. Veritas MLAy State Attorney, Attorney Generat,s Chambers VI vI after deliberation, /ssues the following Order. l. O THE pARTtEs 1. Amir Ramadhani, (hereinafter referred : Tanzania. \'rer\'rrtqrtur rererred to as "the Applicant") is a national of q ' ;[;"ffi::':"t"" charter') on zr o"t#IHT"t J":,Riohts Declaration under Article 34(6) of the proto of the Court to recr . o rs a n zat on., is the United Repubric otr ranzania, which ratiried rhe (hereinafter referred to as "the 7 February 2006; and deposited the #l; llH,":';:"rj ::JilT:LJ "", n,,: ;;"r*, :li"r, SUBJECT MATTER OF THE APPLICATION . 3. An Application for r of t h e c o u rr ". " " ji [: fl ,,,:,"# Court decided that the Respondent State r violated Article 7 (1) (c) ofthe charter, due to its fairure ," ".;,X::':"::-:"" judicia, p roceed inss ::Jh:",,::ffi:, ;:lm:,,H*:nce du rins the . .vvrv, rvcr r. o{are also consequenfly violated Article 1 of the Charter. Tli:ffi::l :l'ilT Jff :, I ffi. J i:l 00tl? r 4. Pursuant to Rule 63 of the Rules, the court ordered the Applicant to file his submission on reparations within thirty (30) days of the judgmen t of 11 May 2o1g and the Respondent State to file submissions in response thereto within thirty (30) days of receipt of the Applicant,s submissions. III. SUMMARY OF THE PROCEDURE BEFORE THE COURT on 14 May 2018, the Registry transmitted a certified true copy of the judgment on the merits to the parties o 6. The Applicant fired his submission on reparations on 30 July 201g, which was transmitted to the Respondent State on 2 August 201g. 7. After extensions of time granted to the Respondent state on 1g september 2o18;12 December2018 and 15 February 2019, on3May2olg,preadings were closed and the parties were duly notified. 8 on 10 July 2019, the Respondent state fired its Response to the Appricant,s submission on reparations IV. THE COURT: o orders that the proceedings in Apptication No. 010/201s - Amir Ramadhani v. united Repubtic of ranzania (Reparations) beand are hereby reopened; Rules that in the interest of lustice, the Respondent State,s Response to the Appricant's submissions on reparations is deemed as properly filed; and J 0011? 0 Orders the Applicant to submit his Reply to the Respondent State's Response within thirty (30) days of receipt thereof. Signed Sylvain ORE, President; and Robert ENO, Registrar AND .f s*6 rrs D 1i Done at Arusha, this Nineteenth Day of August in the Year 2019, in English and French, the English text being authoritative. o e 4