william c republica unida da tanzania processo no 0162016 2018 afchpr 76 21 setembro 2018

william c republica unida da tanzania processo no 0162016 2018 afchpr 76 21 setembro 2018

The Court found that the applicant's right to a fair trial under Article 7(1)(c) of the African Charter was violated due to failure to provide legal aid, failure to ensure the hearing of defense witnesses, and conviction based on insufficient and contradictory evidence. The Court held that these violations warranted...

Source-derived case information.

Citation
william c republica unida da tanzania processo no 0162016 2018 afchpr 76 21 setembro 2018
Parties
Applicant: Diocles William; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partially granted
Legal Topics
Right to Fair Trial, Legal Aid, Equality Before the Law, Criminal Procedure, Remedies for Human Rights Violations
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Legal Aid Equality Before the Law Criminal Procedure Remedies for Human Rights Violations

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Parties

Diocles William

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to a fair trial under Article 7(1)(c) of the African Charter was violated
  2. 2 Whether the applicant was denied legal aid in violation of the Charter
  3. 3 Whether the applicant's conviction was based on insufficient and contradictory evidence

Ratio Decidendi

The Court found that the applicant's right to a fair trial under Article 7(1)(c) of the African Charter was violated due to failure to provide legal aid, failure to ensure the hearing of defense witnesses, and conviction based on insufficient and contradictory evidence. The Court held that these violations warranted reopening of the applicant's criminal trial in accordance with fair trial guarantees, but did not justify immediate release or annulment of conviction.

Court Disposition

Application partially granted

Orders

  • State to reopen the applicant's criminal trial within six months, ensuring fair trial guarantees under the Charter and relevant international instruments, and conclude the trial within two years of notification of this judgment.
  • State to submit a report on implementation within two years of notification.