swaga c united republic of tanzania requete n0142017 2023 afchpr 38 7 novembre 2023

swaga c united republic of tanzania requete n0142017 2023 afchpr 38 7 novembre 2023

The Court found that the applicant's right to a fair hearing under Article 7(1) of the Charter was not violated regarding the examination of his grounds of appeal, as the national courts considered the relevant issues. However, the Court held that the respondent violated Article 7(1)(c) of the Charter, read with...

Source-derived case information.

Citation
swaga c united republic of tanzania requete n0142017 2023 afchpr 38 7 novembre 2023
Parties
Applicant: Hassan Bundala Swaga; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Human Rights Application / Final Judgment
Outcome
partially allowed
Legal Topics
Right to Fair Trial, Legal Aid, Access to Justice, Judicial Remedies
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Legal Aid Access to Justice Judicial Remedies

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Parties

Hassan Bundala Swaga

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to a fair hearing was violated
  2. 2 Whether the applicant was denied free legal assistance in violation of the Charter

Ratio Decidendi

The Court found that the applicant's right to a fair hearing under Article 7(1) of the Charter was not violated regarding the examination of his grounds of appeal, as the national courts considered the relevant issues. However, the Court held that the respondent violated Article 7(1)(c) of the Charter, read with Article 14(3)(d) of the ICCPR, by failing to provide the applicant with free legal assistance in a serious criminal case carrying a severe penalty.

Court Disposition

partially allowed

Orders

  • Respondent to pay applicant 300,000 Tanzanian shillings as just compensation within six months, failing which interest will accrue at the central bank rate until full payment.
  • Respondent to take all necessary legislative and constitutional measures within two years to amend the 2017 Legal Aid Act to comply with the Charter and ICCPR.