amir and another c republique unie de tanzanie requete n0142015 2019 afchpr 68 28 novembre 2019

amir and another c republique unie de tanzanie requete n0142015 2019 afchpr 68 28 novembre 2019

The Court found no violation of Article 7(2) regarding the legality of the sentence, as Tanzanian law prescribed a minimum of thirty years for armed robbery at the time of the offence. However, the Court found violations of Article 7(1)(c) of the Charter and Article 14(3)(d) ICCPR, as the applicants were not...

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Citation
amir and another c republique unie de tanzanie requete n0142015 2019 afchpr 68 28 novembre 2019
Parties
Applicant: Jibu Amir alias Mussa; Applicant: Saidi Ally alias Mangaya; Respondent: Republique-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application / Final Judgment
Outcome
partially allowed
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Right to Information, Legality of Punishment
Source Language
en
Human Rights Criminal Law Right to Fair Trial Right to Legal Assistance Right to Information Legality of Punishment

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Parties

Jibu Amir alias Mussa

Applicant

Saidi Ally alias Mangaya

Applicant

Republique-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicants' conviction and sentence violated the principle of legality under Article 7(2) of the African Charter
  2. 2 Whether the applicants were denied free legal assistance in violation of Article 7(1)(c) of the African Charter
  3. 3 Whether the applicants were denied the right to be informed of their rights during trial

Ratio Decidendi

The Court found no violation of Article 7(2) regarding the legality of the sentence, as Tanzanian law prescribed a minimum of thirty years for armed robbery at the time of the offence. However, the Court found violations of Article 7(1)(c) of the Charter and Article 14(3)(d) ICCPR, as the applicants were not provided free legal assistance nor informed of their right to counsel, despite being indigent and facing severe charges. These omissions constituted breaches of their right to a fair trial.

Court Disposition

partially allowed

Orders

  • Respondent to pay each applicant 300,000 Tanzanian shillings as equitable compensation within six months, tax-free, failing which interest at the central bank rate applies until full payment.
  • Respondent to submit a report within six months on measures taken to implement the orders, and every six months thereafter until full execution.