onesmo c republique unie de tanzanie requete n 0472016 2021 afchpr 18 30 septembre 2021

onesmo c republique unie de tanzanie requete n 0472016 2021 afchpr 18 30 septembre 2021

The Court found that the applicant's right to free legal assistance under Article 7(1)(c) of the African Charter, read with Article 14(3)(d) of the ICCPR, was violated because he was indigent, charged with a serious offence, and faced a severe penalty, yet was not provided with free legal aid. The Court found no...

Source-derived case information.

Citation
onesmo c republique unie de tanzanie requete n 0472016 2021 afchpr 18 30 septembre 2021
Parties
Applicant: Ladislaus Onesmo; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Final Judgment
Outcome
partially allowed
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Judicial Remedies, Compensation for Human Rights Violations
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Assistance Judicial Remedies Compensation for Human Rights Violations

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Parties

Ladislaus Onesmo

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to a fair trial was violated due to improper evaluation of evidence
  2. 2 Whether the applicant's right to free legal assistance was violated

Ratio Decidendi

The Court found that the applicant's right to free legal assistance under Article 7(1)(c) of the African Charter, read with Article 14(3)(d) of the ICCPR, was violated because he was indigent, charged with a serious offence, and faced a severe penalty, yet was not provided with free legal aid. The Court found no violation regarding the evaluation of evidence or exclusion from proceedings.

Court Disposition

partially allowed

Orders

  • The respondent is ordered to pay the applicant 300,000 Tanzanian shillings as just compensation for moral prejudice, tax-free, within six months, failing which interest at the Bank of Tanzania rate will apply until full payment.
  • The respondent must submit a report on implementation within six months and every six months thereafter until full compliance.