mwendesha c republique unie de tanzanie requete n 0322016 2023 afchpr 12 13 juin 2023

mwendesha c republique unie de tanzanie requete n 0322016 2023 afchpr 12 13 juin 2023

The court found that the applicant's right to free legal assistance under Article 7(1)(c) of the Charter, read with Article 14(3)(d) of the ICCPR, was violated because he was indigent, charged with a serious offence, and was not informed of or provided with free legal aid at trial or on appeal. The court found no...

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Citation
mwendesha c republique unie de tanzanie requete n 0322016 2023 afchpr 12 13 juin 2023
Parties
Applicant: Hoja Mwendesha; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed
Legal Topics
Right to Fair Trial, Right to Legal Aid, Equality Before the Law, Dignity and Prohibition of Degrading Treatment
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Aid Equality Before the Law Dignity and Prohibition of Degrading Treatment

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Parties

Hoja Mwendesha

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to equality before the law and equal protection was violated
  2. 2 Whether the applicant's right to dignity was violated
  3. 3 Whether the applicant's right to free legal assistance was violated

Ratio Decidendi

The court found that the applicant's right to free legal assistance under Article 7(1)(c) of the Charter, read with Article 14(3)(d) of the ICCPR, was violated because he was indigent, charged with a serious offence, and was not informed of or provided with free legal aid at trial or on appeal. The court found no violation of the rights to equality before the law or dignity, as the applicant failed to prove differential treatment or degrading treatment.

Court Disposition

Application partly allowed

Orders

  • Violation of right to free legal assistance declared
  • Respondent ordered to pay applicant 300,000 Tanzanian shillings as moral compensation within six months, tax-free, with interest for late payment