RUCCI
JF-Expert Member
- Oct 6, 2011
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Raia kumi wa Kenya wameituhumu Serikali ya Tanzania, kwa kukamatwa kwa kuwateka jijini Maputo nchini Msumbiji Januari 2006, ambako walikuwa wakiishi kihalali wakitafuta fursa za biashara, na kisha kuwapakiza kwenye ndege ya kijeshi na kuwaleta nchini Tanzania kwa nguvu.
Kwa upande wake, serikali ya Tanzania kupitia mawakili wake imepinga madai hayo na kuitaka mahakama ya Afrika kutupilia mbali maombi ya watuhumiwa. Tanzania inasema watuhumiwa hao walikamatwa katika uwanja wa ndege wa kimataifa wa Julius Nyerere baada ya kuletwa kupitia ndege ya jeshi la Msumbiji.
Wakenya hao wanahoji kuwa kesi yao nchini Tanzania imechukua muda mrefu kwa kuahirishwa mara kwa mara bila sababu. Aidha wanadai kuwa kesi imeendeshwa bila wao kuwa na mawakili wa kuwatetea.
Mawakili wa serikali ya Tanzania pia waliieleza Mahakama ya Afrika kuwa, wawili kati ya raia hao wa Kenya waliofariki wakiwa magereza, walikufa kwa kifo cha kawaida, na kesi iliahirishwa mara kwa mara kutokana na mawakili wa walalamishi kukosa kufika mahakamani siku za kesi.
Wakenya hao walikamatwa miaka kumi iliyopita na kuhukumia kufungwa miaka thelathini jela, baada ya kukutwa na hatia ya kosa la mauaji na ujambazi wa kutumia silaha lililofanyika katika benki ya NMB Tawi la Moshi, mwezi May,2004.
Mahakama ya Africa kuhusu haki za binadamu na za watu iliundwa mwaka 2006 na kuanza kazi zake rasmi mwaka mmoja baadae. Hadi kufikia mwishoni mwa mwezi februari 2016, Mahakama imepokea kesi 74, ambapo 25 kati ya hizo zimekwisha shughulikiwa, huku kesi 4 zikipelekwa katika Tume ya Afrika ya Watu na Haki za Binadamu nchini Gambia.
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The African Court on Human and Peoples' Rights will on Friday deliver judgment in a case in which 10 Kenyans have accused the Tanzanian government of unlawfully and forcibly arresting them in Maputo, Mozambique.
The 10 faced charges of robbery in Tanzania.
The Application 006/2013 Wilfred Onyango and others v United Republic of Tanzania will be determined from 10am in Arusha, a statement from the Arusha based court's Senior Information and Communication Officer Sukhdev Chhatbar, said.
The Kenyans allege they were lawfully in Mozambique seeking business opportunities when they were, on January 16, 2006, kidnapped and airlifted to Tanzania, where they have been incarcerated since and charged with murder and three charges of armed robbery.
The judges heard the applicants and the respondent State in May 2015 during its 37th Ordinary Session in Arusha.
The court is composed of 11 judges from African Union member states elected in their individual capacity.
It meets four times a year in Ordinary Sessions and may meet in Extra-Ordinary Sessions.
Up to February 29, the court had received 74 applications of which 25 have been finalised. Four applications have been transferred to the African Commission on Human and Peoples' Rights, the statement added.
The Tanzanian government denied the allegations.
The Tanzanian Attorney-General's office acting director of human rights department, Ms Nkasori Sarakika, and counsel Timon Vitalis told the judges last year the Kenyans were arrested at Mwalimu Nyerere International Airport after being brought by Mozambican military aircraft.
Mr Vitalis said Tanzanian law was followed in the arrest of the Kenyans in the country's territory.
Lawyer Don Deya for the Kenyans told the court that his clients were also tortured.
The Kenyans, who have sued the Tanzanian government for alleged human rights violations are Wilfred Onyango Nganyi, alias Dadii, Peter Gikuru Mburu, alias Kamau, Jimmy Maina Njoroge, alias Ordinary and Patrick Mutheee Muriithi, alias Musevu.
The others are Simon Githinji Kariuki, Boniface Mwangi Mburu alias Bonche, David Ngigu Mburu, alias Mike, Gabriel Kungu Kariuki and Simon Ndungu Kiambuthi alias Kenen.
Two of the suspects, Peter Kariba and John Odongo Odhiambo, died while in custody in Tanzania.
The Kenyans were arrested 10 years ago and have since been sentenced to 30 years in jail for armed robbery.
They complained of prolonged trial due to frequent adjournment of their case, lack of legal aid, torture and beating by police in prison among other grievances.
The Tanzanian government, through Ms Sarakika and Mr Vitalis, denied the allegations.
They said the two Kenyans who died in custody succumbed to natural causes and that the cases facing the Kenyans were delayed a number of times due to failure by their lawyers to attend court.
They added that all the criminal cases facing the Kenyans have since been completed and only an appeal they had lodged was pending.
The defence said the main cause of adjournments was incomplete investigations.
However, the Tanzanian government lawyers said the Kenyans were lawfully charged and that it was wrong for them to challenge it at the African Court before exhausting all the local channels.
The defence prayed to the African Court to declare that Tanzania violated the Kenyans rights to be tried within reasonable time and also denied them legal aid.
Chanzo: Daily Nation
Kwa upande wake, serikali ya Tanzania kupitia mawakili wake imepinga madai hayo na kuitaka mahakama ya Afrika kutupilia mbali maombi ya watuhumiwa. Tanzania inasema watuhumiwa hao walikamatwa katika uwanja wa ndege wa kimataifa wa Julius Nyerere baada ya kuletwa kupitia ndege ya jeshi la Msumbiji.
Wakenya hao wanahoji kuwa kesi yao nchini Tanzania imechukua muda mrefu kwa kuahirishwa mara kwa mara bila sababu. Aidha wanadai kuwa kesi imeendeshwa bila wao kuwa na mawakili wa kuwatetea.
Mawakili wa serikali ya Tanzania pia waliieleza Mahakama ya Afrika kuwa, wawili kati ya raia hao wa Kenya waliofariki wakiwa magereza, walikufa kwa kifo cha kawaida, na kesi iliahirishwa mara kwa mara kutokana na mawakili wa walalamishi kukosa kufika mahakamani siku za kesi.
Wakenya hao walikamatwa miaka kumi iliyopita na kuhukumia kufungwa miaka thelathini jela, baada ya kukutwa na hatia ya kosa la mauaji na ujambazi wa kutumia silaha lililofanyika katika benki ya NMB Tawi la Moshi, mwezi May,2004.
Mahakama ya Africa kuhusu haki za binadamu na za watu iliundwa mwaka 2006 na kuanza kazi zake rasmi mwaka mmoja baadae. Hadi kufikia mwishoni mwa mwezi februari 2016, Mahakama imepokea kesi 74, ambapo 25 kati ya hizo zimekwisha shughulikiwa, huku kesi 4 zikipelekwa katika Tume ya Afrika ya Watu na Haki za Binadamu nchini Gambia.
=====================
The African Court on Human and Peoples' Rights will on Friday deliver judgment in a case in which 10 Kenyans have accused the Tanzanian government of unlawfully and forcibly arresting them in Maputo, Mozambique.
The 10 faced charges of robbery in Tanzania.
The Application 006/2013 Wilfred Onyango and others v United Republic of Tanzania will be determined from 10am in Arusha, a statement from the Arusha based court's Senior Information and Communication Officer Sukhdev Chhatbar, said.
The Kenyans allege they were lawfully in Mozambique seeking business opportunities when they were, on January 16, 2006, kidnapped and airlifted to Tanzania, where they have been incarcerated since and charged with murder and three charges of armed robbery.
The judges heard the applicants and the respondent State in May 2015 during its 37th Ordinary Session in Arusha.
The court is composed of 11 judges from African Union member states elected in their individual capacity.
It meets four times a year in Ordinary Sessions and may meet in Extra-Ordinary Sessions.
Up to February 29, the court had received 74 applications of which 25 have been finalised. Four applications have been transferred to the African Commission on Human and Peoples' Rights, the statement added.
The Tanzanian government denied the allegations.
The Tanzanian Attorney-General's office acting director of human rights department, Ms Nkasori Sarakika, and counsel Timon Vitalis told the judges last year the Kenyans were arrested at Mwalimu Nyerere International Airport after being brought by Mozambican military aircraft.
Mr Vitalis said Tanzanian law was followed in the arrest of the Kenyans in the country's territory.
Lawyer Don Deya for the Kenyans told the court that his clients were also tortured.
The Kenyans, who have sued the Tanzanian government for alleged human rights violations are Wilfred Onyango Nganyi, alias Dadii, Peter Gikuru Mburu, alias Kamau, Jimmy Maina Njoroge, alias Ordinary and Patrick Mutheee Muriithi, alias Musevu.
The others are Simon Githinji Kariuki, Boniface Mwangi Mburu alias Bonche, David Ngigu Mburu, alias Mike, Gabriel Kungu Kariuki and Simon Ndungu Kiambuthi alias Kenen.
Two of the suspects, Peter Kariba and John Odongo Odhiambo, died while in custody in Tanzania.
The Kenyans were arrested 10 years ago and have since been sentenced to 30 years in jail for armed robbery.
They complained of prolonged trial due to frequent adjournment of their case, lack of legal aid, torture and beating by police in prison among other grievances.
The Tanzanian government, through Ms Sarakika and Mr Vitalis, denied the allegations.
They said the two Kenyans who died in custody succumbed to natural causes and that the cases facing the Kenyans were delayed a number of times due to failure by their lawyers to attend court.
They added that all the criminal cases facing the Kenyans have since been completed and only an appeal they had lodged was pending.
The defence said the main cause of adjournments was incomplete investigations.
However, the Tanzanian government lawyers said the Kenyans were lawfully charged and that it was wrong for them to challenge it at the African Court before exhausting all the local channels.
The defence prayed to the African Court to declare that Tanzania violated the Kenyans rights to be tried within reasonable time and also denied them legal aid.
Chanzo: Daily Nation