kilagela c republique unie de tanzanie requete n 0172018 2024 afchpr 17 3 septembre 2024

kilagela c republique unie de tanzanie requete n 0172018 2024 afchpr 17 3 septembre 2024

The Court found that the applicant failed to prove violations of non-discrimination and equal protection of the law, and that national courts properly assessed the evidence. However, the respondent State violated the applicant's right to free legal assistance under Article 7(1)(c) of the African Charter, read with...

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Citation
kilagela c republique unie de tanzanie requete n 0172018 2024 afchpr 17 3 septembre 2024
Parties
Applicant: Dadu Sumano Kilagela; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Individual Application (human Rights) / Final Judgment
Outcome
Application partially upheld
Legal Topics
Right to Fair Trial, Right to Legal Aid, Non Discrimination, Equality Before the Law, Exhaustion of Domestic Remedies
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Aid Non Discrimination Equality Before the Law Exhaustion of Domestic Remedies

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Parties

Dadu Sumano Kilagela

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Individual Application (human Rights) / Final Judgment

  1. 1 Whether the applicant's right to non-discrimination under Article 2 of the African Charter was violated
  2. 2 Whether the applicant's right to equal protection of the law under Article 3(2) of the African Charter was violated
  3. 3 Whether the applicant's right to a fair trial under Article 7(1) of the African Charter was violated, specifically regarding legal representation

Ratio Decidendi

The Court found that the applicant failed to prove violations of non-discrimination and equal protection of the law, and that national courts properly assessed the evidence. However, the respondent State violated the applicant's right to free legal assistance under Article 7(1)(c) of the African Charter, read with Article 14(3)(d) ICCPR, by not providing legal aid to an indigent person charged with a serious offence.

Court Disposition

Application partially upheld

Orders

  • Exception of lack of material jurisdiction rejected; Court declares itself competent.
  • Exception of inadmissibility rejected; Application declared admissible.