ivan c republique unie de tanzanie requete n 0252016 2019 afchpr 9 28 mars 2019

ivan c republique unie de tanzanie requete n 0252016 2019 afchpr 9 28 mars 2019

The Court found a violation of Article 7(1)(c) of the Charter due to failure to provide free legal assistance to the applicant, who was indigent and convicted of a serious crime with a heavy sentence. Other allegations regarding insufficient evidence and failure to call defense witnesses were rejected as not...

Source-derived case information.

Citation
ivan c republique unie de tanzanie requete n 0252016 2019 afchpr 9 28 mars 2019
Parties
Applicant: Kenedy Ivan; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Application for Human Rights Violation / Final Judgment
Outcome
Application partly allowed
Legal Topics
Right to Fair Trial, Legal Representation, Assistance of Counsel, Compensation for Violation, Procedural Admissibility
Source Language
en
Human Rights Law Criminal Procedure Right to Fair Trial Legal Representation Assistance of Counsel Compensation for Violation Procedural Admissibility

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Parties

Kenedy Ivan

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Application for Human Rights Violation / Final Judgment

  1. 1 Whether the applicant's right to a fair trial was violated by insufficient evidence, failure to call defense witnesses, and lack of legal assistance
  2. 2 Whether the application was admissible regarding exhaustion of domestic remedies and reasonable time
  3. 3 Whether the applicant is entitled to reparations

Ratio Decidendi

The Court found a violation of Article 7(1)(c) of the Charter due to failure to provide free legal assistance to the applicant, who was indigent and convicted of a serious crime with a heavy sentence. Other allegations regarding insufficient evidence and failure to call defense witnesses were rejected as not substantiated. The application was admissible as domestic remedies were exhausted and the delay was reasonable given the applicant's circumstances.

Court Disposition

Application partly allowed

Orders

  • Respondent to pay applicant 300,000 Tanzanian shillings as compensation within six months, tax-exempt, with interest for late payment.
  • Respondent to submit execution report within six months.