goa alias vedastus v tanzania application no 0252015 2019 afchpr 40 26 september 2019

goa alias vedastus v tanzania application no 0252015 2019 afchpr 40 26 september 2019

The Respondent State violated the Applicant's right to a fair trial by failing to provide free legal assistance in a serious criminal case, contrary to Article 7(1)(c) of the Charter and Article 14(3)(d) ICCPR. Other alleged violations, including improper evaluation of evidence, failure to consider alibi, and discrimination, were not established. The Applicant exhausted local remedies and filed within a reasonable time given his circumstances.

Citation
goa alias vedastus v tanzania application no 0252015 2019 afchpr 40 26 september 2019
Parties
Applicant: Majid Goa alias Vedastus; Respondent State: United Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 September 2019
Procedural Posture
Application (human Rights) / Judgment (merits and Reparations)
Outcome
Partly allowed
Legal Topics
Right to Fair Trial, Right to Legal Aid, Non Discrimination, Equality Before the Law, Exhaustion of Local Remedies, Compensation for Human Rights Violations
Source Language
English
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Aid Non Discrimination Equality Before the Law Exhaustion of Local Remedies Compensation for Human Rights Violations

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Parties

Majid Goa alias Vedastus

Applicant

United Republic of Tanzania

Respondent State

Procedural Posture

Application (human Rights) / Judgment (merits and Reparations)

Legal Issues

  1. 1 Whether the Applicant's right to a fair trial under Article 7(1) of the African Charter was violated
  2. 2 Whether the Applicant was denied free legal assistance in violation of Article 7(1)(c) of the Charter and Article 14(3)(d) ICCPR
  3. 3 Whether the Applicant's rights to non-discrimination and equality before the law under Articles 2 and 3 of the Charter were violated

Ratio Decidendi

The Respondent State violated the Applicant's right to a fair trial by failing to provide free legal assistance in a serious criminal case, contrary to Article 7(1)(c) of the Charter and Article 14(3)(d) ICCPR. Other alleged violations, including improper evaluation of evidence, failure to consider alibi, and discrimination, were not established. The Applicant exhausted local remedies and filed within a reasonable time given his circumstances.

Court Disposition

Partly allowed

Orders

  • The Respondent State violated Article 7(1)(c) of the Charter by failing to provide free legal assistance.
  • The Respondent State shall pay the Applicant TZS 300,000 as fair compensation within six months, free from tax, with interest for late payment.