ramadhani c republica unida da tanzania processo n 0102015 2018 afchpr 11 11 maio 2018

ramadhani c republica unida da tanzania processo n 0102015 2018 afchpr 11 11 maio 2018

The Tribunal found that the United Republic of Tanzania violated Article 7(1)(c) of the African Charter by failing to provide legal aid to the applicant, an indigent person accused of a serious crime, and thus also violated Article 1 of the Charter. Other alleged violations, including those relating to the...

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Citation
ramadhani c republica unida da tanzania processo n 0102015 2018 afchpr 11 11 maio 2018
Parties
Applicant: Amir Ramadhani; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Petition / Final Judgment
Outcome
Partial finding for applicant
Legal Topics
Right to Fair Trial, Legal Aid, Criminal Sentencing, Admissibility of Petitions, Exhaustion of Domestic Remedies
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Legal Aid Criminal Sentencing Admissibility of Petitions Exhaustion of Domestic Remedies

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Parties

Amir Ramadhani

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Petition / Final Judgment

  1. 1 Whether the applicant's right to a fair trial under Article 7(1)(c) of the African Charter was violated due to lack of legal aid
  2. 2 Whether the applicant exhausted domestic remedies
  3. 3 Whether the sentence imposed was lawful under Tanzanian law at the time of the offence

Ratio Decidendi

The Tribunal found that the United Republic of Tanzania violated Article 7(1)(c) of the African Charter by failing to provide legal aid to the applicant, an indigent person accused of a serious crime, and thus also violated Article 1 of the Charter. Other alleged violations, including those relating to the lawfulness of the sentence and procedural irregularities, were not established. The Tribunal has jurisdiction and the petition is admissible.

Court Disposition

Partial finding for applicant

Orders

  • Declared jurisdiction and admissibility of the petition.
  • Found violation of Article 7(1)(c) and Article 1 of the African Charter by the respondent for failure to provide legal aid.