kisiri c republique unie de tanzanie requete n 0272016 2023 afchpr 26 5 septembre 2023

kisiri c republique unie de tanzanie requete n 0272016 2023 afchpr 26 5 septembre 2023

The respondent State violated the applicant's right to free legal assistance under Article 7(1)(c) of the African Charter and Article 14(3)(d) of the ICCPR by failing to provide legal aid during criminal proceedings, given the seriousness of the charge and the applicant's indigence. No violation of equality before...

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Citation
kisiri c republique unie de tanzanie requete n 0272016 2023 afchpr 26 5 septembre 2023
Parties
Applicant: Marwa Rugumba Kisiri; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed
Legal Topics
Right to Fair Trial, Right to Legal Aid, Equality Before the Law, Remedies for Human Rights Violations
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Aid Equality Before the Law Remedies for Human Rights Violations

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Parties

Marwa Rugumba Kisiri

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to equality before the law and equal protection was violated
  2. 2 Whether the applicant's right to free legal assistance was violated

Ratio Decidendi

The respondent State violated the applicant's right to free legal assistance under Article 7(1)(c) of the African Charter and Article 14(3)(d) of the ICCPR by failing to provide legal aid during criminal proceedings, given the seriousness of the charge and the applicant's indigence. No violation of equality before the law was established as there was no evidence of differential treatment or manifest error by national courts.

Court Disposition

Application partly allowed

Orders

  • The Court finds a violation of the right to free legal assistance under Article 7(1)(c) of the Charter and Article 14(3)(d) ICCPR.
  • The Court awards the applicant 300,000 Tanzanian shillings for moral damages.