rajabu v united republic of tanzania 2021 afchpr 42 25 june 2021

Respondent State violated Article 7(1)(c) of the Charter and Article 14(3) of the ICCPR by failing to provide Applicant with free legal assistance during criminal proceedings for a serious offence; other alleged violations were not established.

Citation: rajabu v united republic of tanzania 2021 afchpr 42 25 june 2021
Parties: Applicant: Masoud Rajabu; Respondent State: United Republic of Tanzania
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 25 June 2021
Procedural Posture: Application / Final Judgment
Outcome: Application partly allowed
Legal Topics: Right to Fair Trial, Right to Legal Representation, Right to Be Tried Within Reasonable Time, Exhaustion of Local Remedies
Source Language: English

Human Rights Law Criminal Law Right to Fair Trial Right to Legal Representation Right to Be Tried Within Reasonable Time Exhaustion of Local Remedies

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 28 Party arguments 2 Amounts and remedies 1

Parties

Masoud Rajabu

Applicant

United Republic of Tanzania

Respondent State

Procedural Posture

Application / Final Judgment

Legal Issues

1 Whether conviction was based on insufficient evidence
2 Whether delivery of judgment in absentia violated fair trial rights
3 Whether denial of free legal representation violated rights

Ratio Decidendi

Court Disposition

Application partly allowed

Orders

Respondent State to pay Applicant Tanzanian Shillings Three Hundred Thousand (TZS 300,000) as fair compensation for moral prejudice within six months, free from tax, with interest for delayed payment.
Respondent State to report on implementation within six months and every six months thereafter until full compliance.