Robert John Penessis v. United Republic of Tanzania, App. No. 013/2015
Published: 28/Nov/2019
Source: African Court on Human and Peoples' Rights
Summary of the facts (extract)
1. The Applicant is a citizen of the United Republic of Tanzania residing in Greece.
2. She wrote to the Court on 10 May 2015, on behalf of her grandson Mr. Robert John Penessis who had been arrested and detained in aTanzania prison for “illegal presence” in Tanzania. According to her, her grandson is Tanzanian by birth and descent like her and all their parents.
3. Mr. Penessis has been detained since 7 January 2013 for lack of entry visa and is still in prison detention.
4. She has sued Tanzania Government.
Judgment findings (extract)
The Court:
By a majority of 6 votes for and 02 against, Judges Gilrard Niyungeko and Chafika Bensaoula having voted against,
v. Declares that the Respondent state has violated the Applicant’s right to Tanzanian nationality as guaranteed by Article 5 of the charter and Article 15 of the UDHR.
By a majority of 7 votes for and 1 against, Judge Chafika Bensaoula having voted against,
vi. Declares that the Respondent state has violated Article 6 of the Charter on “the right to liberty and to the security of the person”;
vii. Declares that the Respondent state has violated Article 12 of the Charter on the “right to freedom of movement and residence”, on account of the Applicant’s arrest and detention;
viii. Declares that the Respondent state has violated Article 1 of the Charter.
Download from African Court website:
- Case Summary
- Order for changing the title of the case (17 january 2018)
- Judgment (28th November 2019)