elisamehe v republica unida da tanzania processo n 0282015 2020 afchpr 38 26 junho 2020

elisamehe v republica unida da tanzania processo n 0282015 2020 afchpr 38 26 junho 2020

The State violated the applicant's right to a fair trial by failing to provide free legal aid in a serious criminal case where the applicant was indigent, as required by Article 7(1)(c) of the Charter and Article 14(3)(d) of the ICCPR. Other alleged violations were not established as the applicant had opportunities...

Source-derived case information.

Citation
elisamehe v republica unida da tanzania processo n 0282015 2020 afchpr 38 26 junho 2020
Parties
Applicant: Kalebi Elisamehe; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Human Rights Petition / Final Judgment
Outcome
Partial finding for applicant; violation of right to legal aid established; other claims dismissed.
Legal Topics
Right to Fair Trial, Legal Aid, Admissibility, Exhaustion of Domestic Remedies, Timeliness, Review of Criminal Conviction, Compensation for Violations
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Legal Aid Admissibility Exhaustion of Domestic Remedies Timeliness Review of Criminal Conviction +1 more

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Parties

Kalebi Elisamehe

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Petition / Final Judgment

  1. 1 Whether the applicant was denied the right to legal aid in criminal proceedings
  2. 2 Whether the applicant was denied the right to a fair hearing and defense
  3. 3 Whether defects in the indictment violated fair trial rights

Ratio Decidendi

The State violated the applicant's right to a fair trial by failing to provide free legal aid in a serious criminal case where the applicant was indigent, as required by Article 7(1)(c) of the Charter and Article 14(3)(d) of the ICCPR. Other alleged violations were not established as the applicant had opportunities to be heard, defend himself, and the national courts' evaluation of evidence and appellate review did not amount to denial of justice.

Court Disposition

Partial finding for applicant; violation of right to legal aid established; other claims dismissed.

Orders

  • Respondent to pay applicant TZS 300,000 as compensation for moral damages within six months, free of tax, with interest for late payment at the Bank of Tanzania rate.
  • Respondent to report on implementation within six months and every six months thereafter until full compliance.