mwita c republique unie de tanzanie requete n 0442016 2024 afchpr 5 13 fevrier 2024

mwita c republique unie de tanzanie requete n 0442016 2024 afchpr 5 13 fevrier 2024

The respondent violated the applicant's right to legal assistance by failing to provide free counsel to an indigent accused facing a serious charge, and violated the right to liberty by statutory exclusion of judicial discretion for bail in armed robbery cases. No violation was found regarding equality,...

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Citation
mwita c republique unie de tanzanie requete n 0442016 2024 afchpr 5 13 fevrier 2024
Parties
Applicant: John Mwita; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Application for Human Rights Violations / Final Judgment
Outcome
Application partly allowed
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Right to Liberty, Right to Bail, Equality Before the Law, Non Discrimination
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Assistance Right to Liberty Right to Bail Equality Before the Law Non Discrimination

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Parties

John Mwita

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Application for Human Rights Violations / Final Judgment

  1. 1 Whether the applicant's right to legal assistance was violated
  2. 2 Whether the applicant's right to liberty and bail was violated
  3. 3 Whether the applicant's right to equality and non-discrimination was violated

Ratio Decidendi

The respondent violated the applicant's right to legal assistance by failing to provide free counsel to an indigent accused facing a serious charge, and violated the right to liberty by statutory exclusion of judicial discretion for bail in armed robbery cases. No violation was found regarding equality, non-discrimination, or the right to have his cause heard, as national courts properly evaluated evidence and provided fair proceedings.

Court Disposition

Application partly allowed

Orders

  • Respondent to pay applicant 300,000 Tanzanian shillings for moral prejudice within six months, tax-free, or pay interest at Bank of Tanzania rate until full payment.
  • Respondent to revise Article 148(5) of the Criminal Procedure Code within three years to restore judicial discretion for bail.