paulo c united republic of tanzania requete n 0202016 2018 afchpr 74 21 septembre 2018

paulo c united republic of tanzania requete n 0202016 2018 afchpr 74 21 septembre 2018

The Court found that the applicant's right to legal assistance under Article 7(1)(c) of the Charter was violated because he was indigent, accused of a serious offense, and not informed of his right to legal aid. Other alleged violations, including denial of bail, discrimination, and retroactive sentencing, were not...

Source-derived case information.

Citation
paulo c united republic of tanzania requete n 0202016 2018 afchpr 74 21 septembre 2018
Parties
Applicant: Anaclet Paulo; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Right to Liberty, Non Discrimination, Equality Before the Law, Retroactivity of Criminal Law, Remedies and Reparations
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Assistance Right to Liberty Non Discrimination Equality Before the Law Retroactivity of Criminal Law +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anaclet Paulo

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to liberty was violated by denial of bail
  2. 2 Whether the applicant's right to equality before the law and non-discrimination was violated
  3. 3 Whether the applicant's right to a fair trial and legal assistance was violated

Ratio Decidendi

The Court found that the applicant's right to legal assistance under Article 7(1)(c) of the Charter was violated because he was indigent, accused of a serious offense, and not informed of his right to legal aid. Other alleged violations, including denial of bail, discrimination, and retroactive sentencing, were not established as the restrictions and sentence were lawful, non-discriminatory, and in accordance with the law in force at the time.

Court Disposition

Application partly allowed

Orders

  • The respondent State violated the applicant's right to defense by failing to provide legal assistance.
  • The respondent State shall pay the applicant 300,000 Tanzanian shillings as equitable reparation.