goa alias vedastus c republique unie de tanzanie requete n 0252015 2019 afchpr 40 26 septembre 2019

goa alias vedastus c republique unie de tanzanie requete n 0252015 2019 afchpr 40 26 septembre 2019

The Court found that the applicant's right to a fair trial was violated solely due to the lack of free legal assistance in a serious criminal case, as required by Article 7(1)(c) of the Charter and Article 14(3)(d) of the ICCPR. The Court found no violation regarding the assessment of evidence or the applicant's...

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Citation
goa alias vedastus c republique unie de tanzanie requete n 0252015 2019 afchpr 40 26 septembre 2019
Parties
Applicant: Majid Goa alias Vedastus; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application / Merits and Reparations Judgment
Outcome
Partial finding for applicant
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Non Discrimination, Equality Before the Law, Compensation for Human Rights Violations
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Assistance Non Discrimination Equality Before the Law Compensation for Human Rights Violations

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Parties

Majid Goa alias Vedastus

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Merits and Reparations Judgment

  1. 1 Whether the applicant's right to a fair trial under Article 7 of the African Charter was violated
  2. 2 Whether the applicant was denied legal assistance in violation of Article 7(1)(c) of the Charter and Article 14(3)(d) of the 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 Court found that the applicant's right to a fair trial was violated solely due to the lack of free legal assistance in a serious criminal case, as required by Article 7(1)(c) of the Charter and Article 14(3)(d) of the ICCPR. The Court found no violation regarding the assessment of evidence or the applicant's alibi, nor any breach of non-discrimination or equality before the law. The Court awarded compensation for the violation of the right to legal assistance.

Court Disposition

Partial finding for applicant

Orders

  • The Court found a violation of Article 7(1)(c) of the Charter and Article 14(3)(d) of the ICCPR for failure to provide legal assistance.
  • The Court ordered the respondent to pay the applicant 300,000 Tanzanian shillings as just compensation, tax-free, within six months, with interest for late payment.