wanjara and others c republique unie de tanzanie requetes ns 0332015 2020 afchpr 18 25 septembre 2020

wanjara and others c republique unie de tanzanie requetes ns 0332015 2020 afchpr 18 25 septembre 2020

The respondent violated Article 7(1)(c) of the African Charter, read with Article 14(3)(d) ICCPR, by failing to provide free legal assistance to the applicants during their trial and appeal, despite their indigence and the seriousness of the charges. No violation occurred regarding the legality of the sentence or...

Source-derived case information.

Citation
wanjara and others c republique unie de tanzanie requetes ns 0332015 2020 afchpr 18 25 septembre 2020
Parties
Applicant: James Wanjara; Applicant: Jumanne Kaseja; Applicant: Chrispian Kilosa; Applicant: Mawazo Selemani; Applicant: Cosmas Pius; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Application / Final Judgment
Outcome
Partially allowed
Legal Topics
Right to Fair Trial, Legal Aid, Assistance Judiciaire Gratuite, Minimum Sentencing, Evaluation of Evidence
Source Language
en
Human Rights Criminal Law Right to Fair Trial Legal Aid Assistance Judiciaire Gratuite Minimum Sentencing Evaluation of Evidence

Source-derived case record

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Parties

James Wanjara

Applicant

Jumanne Kaseja

Applicant

Chrispian Kilosa

Applicant

Mawazo Selemani

Applicant

Cosmas Pius

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Application / Final Judgment

  1. 1 Whether the applicants' right to free legal assistance was violated
  2. 2 Whether the sentence imposed was illegal under national law
  3. 3 Whether the evaluation of evidence by national courts violated fair trial standards

Ratio Decidendi

The respondent violated Article 7(1)(c) of the African Charter, read with Article 14(3)(d) ICCPR, by failing to provide free legal assistance to the applicants during their trial and appeal, despite their indigence and the seriousness of the charges. No violation occurred regarding the legality of the sentence or the evaluation of evidence by national courts.

Court Disposition

Partially allowed

Orders

  • Rejected respondent's objection to material competence; Court is competent.
  • Rejected respondent's objections to admissibility; Application is admissible.