paulo c republica unida da tanzania processo no 0202016 2018 afchpr 74 21 setembro 2018

paulo c republica unida da tanzania processo no 0202016 2018 afchpr 74 21 setembro 2018

The Tribunal found that the applicant's right to legal assistance under Article 7(1)(c) of the Charter was violated, as he was indigent, faced a severe penalty, and was not informed of his right to legal aid. Other alleged violations, including denial of bail, equality, and legality of sentence, were not...

Source-derived case information.

Citation
paulo c republica unida da tanzania processo no 0202016 2018 afchpr 74 21 setembro 2018
Parties
Applicant: Anaclet Paulo; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Petition / Final Judgment
Outcome
partially upheld
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Right to Liberty, Non Discrimination, Equality Before the Law
Source Language
en
Human Rights Criminal Law Right to Fair Trial Right to Legal Assistance Right to Liberty Non Discrimination Equality Before the Law

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Parties

Anaclet Paulo

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Petition / Final Judgment

  1. 1 Whether the denial of bail violated the applicant's right to liberty
  2. 2 Whether the applicant was denied equal protection of the law
  3. 3 Whether the applicant's right to a fair trial was violated by lack of legal assistance

Ratio Decidendi

The Tribunal found that the applicant's right to legal assistance under Article 7(1)(c) of the Charter was violated, as he was indigent, faced a severe penalty, and was not informed of his right to legal aid. Other alleged violations, including denial of bail, equality, and legality of sentence, were not substantiated or were consistent with Tanzanian law and the Charter.

Court Disposition

partially upheld

Orders

  • Respondent to pay applicant TZS 300,000 as compensation for violation of right to legal assistance
  • Respondent to pay applicant within six months and report compliance to Tribunal