wambura et mkama c republique unie de tanzanie requetes n 0112016 requetes n 0122016 2023 afchpr 30 5 septembre 2023

wambura et mkama c republique unie de tanzanie requetes n 0112016 requetes n 0122016 2023 afchpr 30 5 septembre 2023

The Court found that the applicants' right to legal aid under Article 7(1)(c) of the African Charter, read with Article 14(3)(d) ICCPR, was violated because they were indigent, charged with a serious offence, and not provided legal assistance at trial or on appeal. Other alleged violations (unreliable evidence,...

Source-derived case information.

Citation
wambura et mkama c republique unie de tanzanie requetes n 0112016 requetes n 0122016 2023 afchpr 30 5 septembre 2023
Parties
Applicant: Chacha Wambura; Applicant: Mang’azi Mkama; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Joined Applications (nos. 011/2016 and 012/2016) Before the African Court on Human and Peoples’ Rights / Final Judgment
Outcome
Partial finding for applicants; violation of right to legal aid established; other claims dismissed.
Legal Topics
Right to Fair Trial, Right to Legal Aid, Non Discrimination, Nullum Crimen Sine Lege, Reasonable Time for Trial
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Aid Non Discrimination Nullum Crimen Sine Lege Reasonable Time for Trial

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Parties

Chacha Wambura

Applicant

Mang’azi Mkama

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Joined Applications (nos. 011/2016 and 012/2016) Before the African Court on Human and Peoples’ Rights / Final Judgment

  1. 1 Whether the applicants' right to a fair trial was violated by reliance on doubtful evidence and failure to consider alibis
  2. 2 Whether the applicants were denied the right to legal aid
  3. 3 Whether the applicants' conviction was based on an imprecise law

Ratio Decidendi

The Court found that the applicants' right to legal aid under Article 7(1)(c) of the African Charter, read with Article 14(3)(d) ICCPR, was violated because they were indigent, charged with a serious offence, and not provided legal assistance at trial or on appeal. Other alleged violations (unreliable evidence, failure to consider alibis, imprecise law, discrimination, unreasonable delay) were not established, as national courts had properly assessed evidence, the law was sufficiently clear, and no discrimination or unreasonable delay was proven.

Court Disposition

Partial finding for applicants; violation of right to legal aid established; other claims dismissed.

Orders

  • State to pay each applicant 300,000 Tanzanian shillings as compensation for moral damage within six months, tax-free, with interest for delay at the Bank of Tanzania rate.
  • State to report on implementation within six months and every six months thereafter until full compliance.