ivan c republica unida da tanzania processo n 0252016 2019 afchpr 9 28 marco 2019

ivan c republica unida da tanzania processo n 0252016 2019 afchpr 9 28 marco 2019

The respondent state violated the applicant's right to a fair trial under Article 7(1)(c) of the African Charter by failing to provide free legal assistance in a serious criminal case involving an indigent defendant. The applicant's other claims regarding defective evidence and failure to summon defence witnesses...

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Citation
ivan c republica unida da tanzania processo n 0252016 2019 afchpr 9 28 marco 2019
Parties
Applicant: Kenedy Ivan; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Petition / Merits and Reparations Judgment
Outcome
partially granted
Legal Topics
Right to Fair Trial, Legal Aid, Exhaustion of Domestic Remedies, Admissibility, Compensation for Rights Violations
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Legal Aid Exhaustion of Domestic Remedies Admissibility Compensation for Rights Violations

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Parties

Kenedy Ivan

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Petition / Merits and Reparations Judgment

  1. 1 Whether the applicant's right to a fair trial was violated due to lack of legal aid
  2. 2 Whether the applicant's conviction was based on defective evidence
  3. 3 Whether the applicant was denied the right to call defence witnesses

Ratio Decidendi

The respondent state violated the applicant's right to a fair trial under Article 7(1)(c) of the African Charter by failing to provide free legal assistance in a serious criminal case involving an indigent defendant. The applicant's other claims regarding defective evidence and failure to summon defence witnesses were not substantiated. The application was admissible as all ordinary domestic remedies were exhausted and the filing delay was reasonable given the applicant's circumstances.

Court Disposition

partially granted

Orders

  • The respondent state shall pay the applicant TZS 300,000 as compensation for non-pecuniary damages within six months, free of tax, failing which statutory interest applies until payment in full.
  • The respondent state shall report on compliance within six months of notification of the judgment.