goa vulgo vedastus c republica unida da tanzania processo n 0252015 2019 afchpr 40 26 setembro 2019

goa vulgo vedastus c republica unida da tanzania processo n 0252015 2019 afchpr 40 26 setembro 2019

The respondent violated the applicant's right to a fair trial by failing to provide free legal aid in a serious criminal case, contrary to Article 7(1)(c) of the Charter and Article 14(3)(d) of ICCPR. Other alleged violations regarding evidence, alibi, and discrimination were not substantiated.

Source-derived case information.

Citation
goa vulgo vedastus c republica unida da tanzania processo n 0252015 2019 afchpr 40 26 setembro 2019
Parties
Applicant: Majid Goa, vulgo Vedastus; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Petition / Final Judgment (mérito E Reparações)
Outcome
partially upheld
Legal Topics
Fair Trial, Legal Aid, Non Discrimination, Equality Before the Law, Compensation for Violation
Source Language
en
Human Rights Criminal Law Fair Trial Legal Aid Non Discrimination Equality Before the Law Compensation for Violation

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Parties

Majid Goa, vulgo Vedastus

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Petition / Final Judgment (mérito E Reparações)

  1. 1 Whether the applicant's right to a fair trial under Article 7 of the African Charter was violated
  2. 2 Whether failure to provide free legal aid constituted a violation
  3. 3 Whether the applicant was discriminated against or denied equal protection under Articles 2 and 3 of the Charter

Ratio Decidendi

The respondent violated the applicant's right to a fair trial by failing to provide free legal aid in a serious criminal case, contrary to Article 7(1)(c) of the Charter and Article 14(3)(d) of ICCPR. Other alleged violations regarding evidence, alibi, and discrimination were not substantiated.

Court Disposition

partially upheld

Orders

  • Respondent to pay applicant TZS 300,000 as compensation for moral damages within six months, tax-free, or pay interest at the Central Bank rate for late payment.
  • Respondent to submit a compliance report within six months.