00092"1
9.
ln september 2007, the Appticant fited civit case No. 11g of 2oo7 atthe High
court of ranzania against Mussa Ruganda Leki and Jerome Msemwa
(immigration officer) for illegal arrest and degrading treatment. ln August 2010,
the Applicant joined more parties to civil case No. 119 of 2007, that is, the
Permanent Secretary of the Ministry of Home Affairs and the Attorney General of
Tanzania.
10. ln september 2010, the High court of ranzania heard civit case No. 118 on
Applicant's arrest for illegal stay arising from the events
in June 2006.
rhe
on 2 January
2014, the High Court delivered its judgment and found that the Applicant's arrest
in 2006 was lawful since he was then residing illegally in Tanzania for lack of a
valid passport and visa. On 3 January 2Ol4,lheApplicant was issued with a Notice
of Prohibited lmmigrant and ordered to leave Tanzania within seven (7) days,
which he duly complied with.
11. on 6 January 2014, having left Tanzania, the Applicant filed a request with the
High Court to be availed a copy of the judgment of 2 January 2014 authorising his
deportation in order to be informed of the basis of the decision and to facilitate his
appeal, if he so wished. on 8 January 2014, the Applicant also requested the
Minister of Home Affairs to waive the Notice of Prohibited lmmigrant to allow him
return and proceed with his cases, including the appeal against the judgment that
resulted
in his deportation. None of these authorities responded until an
Application was filed before this Court, on 19 Febru ary 2015.
B. Alleged violations
12.
The Applicant alleges that
His arrest and detention in 2006 at the time he stayed legally in Tanzania
were in violation of his rights to residence and free movement
guaranteed under Article 12(1) of the charter and Articte 13 of the
Universal Declaration of Human Rights.
4
&