ustadh c republique unie de tanzanie requete n 0262015 2021 afchpr 5 2 decembre 2021

ustadh c republique unie de tanzanie requete n 0262015 2021 afchpr 5 2 decembre 2021

The Court found that the applicant's right to free legal assistance was violated as he faced a serious charge with a severe penalty and was indigent, and the state failed to provide legal aid. However, the Court found no violation regarding the fairness of the appellate and revision proceedings or the exhaustion of...

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Citation
ustadh c republique unie de tanzanie requete n 0262015 2021 afchpr 5 2 decembre 2021
Parties
Applicant: Hamis Shaban alias Hamis Ustadh; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partially granted
Legal Topics
Right to Fair Trial, Legal Aid, Exhaustion of Domestic Remedies, Judicial Review, Compensation for Moral Damage
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Legal Aid Exhaustion of Domestic Remedies Judicial Review Compensation for Moral Damage

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Parties

Hamis Shaban alias Hamis Ustadh

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to a fair trial was violated during appeal and revision proceedings
  2. 2 Whether the lack of free legal assistance constituted a violation of the right to fair trial
  3. 3 Whether the applicant exhausted domestic remedies

Ratio Decidendi

The Court found that the applicant's right to free legal assistance was violated as he faced a serious charge with a severe penalty and was indigent, and the state failed to provide legal aid. However, the Court found no violation regarding the fairness of the appellate and revision proceedings or the exhaustion of domestic remedies.

Court Disposition

Application partially granted

Orders

  • State to pay applicant 300,000 Tanzanian shillings as compensation for moral damage within six months, tax-free, with interest for late payment at the central bank rate.
  • State to submit a report within six months on implementation and every six months thereafter until full compliance.