elisamehe c republique unie de tanzanie requete n0282015 2015 afchpr 38 26 juin 2015

elisamehe c republique unie de tanzanie requete n0282015 2015 afchpr 38 26 juin 2015

The Court found that the respondent State violated the applicant's right to legal assistance under Article 7(1)(c) of the Charter, as interpreted with Article 14(3)(d) of the ICCPR, by failing to provide free legal aid in a serious criminal case where the applicant was indigent. Other alleged violations, including...

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Citation
elisamehe c republique unie de tanzanie requete n0282015 2015 afchpr 38 26 juin 2015
Parties
Applicant: Kalebi Elisamehe; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly granted
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Due Process, Appeal Procedures, Compensation for Violations
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Assistance Due Process Appeal Procedures Compensation for Violations

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Parties

Kalebi Elisamehe

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to legal assistance was violated
  2. 2 Whether the applicant's right to a fair trial was violated
  3. 3 Whether there were procedural irregularities in the indictment

Ratio Decidendi

The Court found that the respondent State violated the applicant's right to legal assistance under Article 7(1)(c) of the Charter, as interpreted with Article 14(3)(d) of the ICCPR, by failing to provide free legal aid in a serious criminal case where the applicant was indigent. Other alleged violations, including denial of fair trial, procedural irregularities, and undue delay, were not established. The applicant was awarded compensation for moral damages only.

Court Disposition

Application partly granted

Orders

  • The respondent State violated the applicant's right to legal assistance under Article 7(1)(c) of the Charter, interpreted in light of Article 14(3)(d) of the ICCPR.
  • The respondent State is ordered to pay the applicant 300,000 Tanzanian shillings as compensation for moral damages, tax-free, within six months, with interest for late payment.