amir and another v republica unida da tanzania processo n 0142015 2019 afchpr 80 28 novembro 2019

amir and another v republica unida da tanzania processo n 0142015 2019 afchpr 80 28 novembro 2019

The Tribunal found no violation regarding the legality of the sentence, as the minimum sentence of thirty years was prescribed by law at the time of the offence. However, the Tribunal determined that the State violated the applicants' right to be informed of their right to legal representation and failed to provide...

Source-derived case information.

Citation
amir and another v republica unida da tanzania processo n 0142015 2019 afchpr 80 28 novembro 2019
Parties
Applicant: Jibu Amir (também conhecido por Mussa); Applicant: Saidi Ally (também conhecido por Mangaya); Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application / Final Judgment
Outcome
partially upheld
Legal Topics
Right to Fair Trial, Legal Aid, Right to Information, Minimum Sentencing
Source Language
en
Human Rights Criminal Law Right to Fair Trial Legal Aid Right to Information Minimum Sentencing

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Parties

Jibu Amir (também conhecido por Mussa)

Applicant

Saidi Ally (também conhecido por Mangaya)

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 legality of conviction and sentence
  2. 2 failure to provide free legal aid
  3. 3 failure to inform applicants of right to legal representation

Ratio Decidendi

The Tribunal found no violation regarding the legality of the sentence, as the minimum sentence of thirty years was prescribed by law at the time of the offence. However, the Tribunal determined that the State violated the applicants' right to be informed of their right to legal representation and failed to provide free legal aid, constituting a breach of Article 7(1)(c) of the Charter, read with Article 14(3)(d) ICCPR.

Court Disposition

partially upheld

Orders

  • State to pay each applicant TZS 300,000 as compensation within six months, tax-free, with interest for late payment at Central Bank rate.
  • State to report on implementation within six months and every six months thereafter until full compliance.