benyoma c republique unie de tanzanie requete n 0012016 2021 afchpr 27 30 septembre 2021

benyoma c republique unie de tanzanie requete n 0012016 2021 afchpr 27 30 septembre 2021

The respondent violated the applicant's right to legal assistance by failing to provide free legal aid during trial and appeals for a serious criminal charge, contrary to Article 7(1)(c) of the African Charter and Article 14(3)(d) ICCPR. No violation was found regarding equality before the law, reasonable time for...

Source-derived case information.

Citation
benyoma c republique unie de tanzanie requete n 0012016 2021 afchpr 27 30 septembre 2021
Parties
Applicant: Chrizostom Benyoma; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Final Judgment
Outcome
partially upheld
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Equality Before the Law, Reasonable Time for Trial, Remedies and Reparations
Source Language
en
Human Rights Criminal Law Right to Fair Trial Right to Legal Assistance Equality Before the Law Reasonable Time for Trial Remedies and Reparations

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Parties

Chrizostom Benyoma

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to legal assistance was violated
  2. 2 Whether the applicant's right to equality before the law and equal protection was violated
  3. 3 Whether the applicant's right to be tried within a reasonable time was violated

Ratio Decidendi

The respondent violated the applicant's right to legal assistance by failing to provide free legal aid during trial and appeals for a serious criminal charge, contrary to Article 7(1)(c) of the African Charter and Article 14(3)(d) ICCPR. No violation was found regarding equality before the law, reasonable time for trial, or the right to have the conviction and sentence annulled.

Court Disposition

partially upheld

Orders

  • Rejects exception to material competence; Court is competent.
  • Rejects all admissibility exceptions; Application is admissible.