Arusha, Tanzania
Website: www.african-court.org
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JUDGMENT SUMMARY
indignity than necessary at the time of his arrest. In these circumstances, the Court held that
the Respondent State did not violate the Applicant’s right to dignity and prohibition against
torture, degrading and inhuman treatment, guaranteed under Article 5 of the Charter, with
regard to the force used by the police during his arrest.
On the alleged violation of the right to liberty, the Court noted that the Applicant claims he was
arbitrarily arrested, detained in policy custody and finally imprisoned for 30 years, without any
reasonable cause and based on unproven facts. The Court further observed from the record
and the determination of the foregoing allegations of violations of rights, that the Applicant had
not provided evidence to show and prove to the Court that he was arbitrarily arrested, detained
and imprisoned, amounting to a violation of his right to liberty. In these circumstances, the
Court found that there was no basis to find a violation and held that the Respondent State did
not violate the Applicant’s right to liberty, protected under Article 6 of the Charter, with regard
to his arrest, detention and imprisonment.
Having found that the Respondent State did not violate any of the Applicant’s rights, the Court
dismissed the Applicant’s prayers for reparations. As to costs, the Court decided that each
party should bear its own costs.
Judge Rafaâ BEN ACHOUR issued a separate opinion, in accordance with Article 28(7) of the
Protocol and Rule 70(2) of the Rules of Court.
Further Information
Further information about this case, including the full text of the decision of the African Court,
may be found on the website at: https://www.african-court.org/cpmt/details-case/0602019
For any other queries, please contact the Registry by email registrar@african-court.org
The African Court on Human and Peoples' Rights is a continental court established by African
Union Member States to ensure the protection of human and peoples’ rights in Africa. The
Court has jurisdiction over all cases and disputes submitted to it concerning the interpretation
and application of the African Charter on Human and Peoples' Rights and any other relevant
human rights instrument ratified by the States concerned. For further information, please
consult our website at www.african-court.org.
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