ramadhani c republique unie de tanzanie requete n 0102015 2018 afchpr 11 11 mai 2018

ramadhani c republique unie de tanzanie requete n 0102015 2018 afchpr 11 11 mai 2018

The respondent State violated Article 7(1)(c) of the African Charter by failing to provide free legal assistance to the applicant, an indigent charged with a serious offence, and thereby also violated Article 1 of the Charter. Other alleged violations regarding procedural irregularities, penalty legality, and timing...

Source-derived case information.

Citation
ramadhani c republique unie de tanzanie requete n 0102015 2018 afchpr 11 11 mai 2018
Parties
Applicant: Amiri Ramadhani; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Application / Final Judgment
Outcome
application partially upheld
Legal Topics
Right to Fair Trial, Legal Assistance, Exhaustion of Remedies, Reasonable Time, Penalty Legality
Source Language
en
Human Rights Criminal Law Right to Fair Trial Legal Assistance Exhaustion of Remedies Reasonable Time Penalty Legality

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Summary, issues, holding and outcome

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Parties

Amiri Ramadhani

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant exhausted domestic remedies
  2. 2 Whether the application was filed within a reasonable time
  3. 3 Whether the applicant's right to fair trial under Article 7 of the African Charter was violated

Ratio Decidendi

The respondent State violated Article 7(1)(c) of the African Charter by failing to provide free legal assistance to the applicant, an indigent charged with a serious offence, and thereby also violated Article 1 of the Charter. Other alleged violations regarding procedural irregularities, penalty legality, and timing were not established.

Court Disposition

application partially upheld

Orders

  • Court declares it has jurisdiction.
  • Court declares application admissible.