rajabu c republique unie de tanzanie requete n 0082016 2021 afchpr 42 25 juin 2021

rajabu c republique unie de tanzanie requete n 0082016 2021 afchpr 42 25 juin 2021

The Court found that the applicant was denied free legal assistance in a serious criminal case, violating Article 7(1)(c) of the Charter and Article 14(3) of the ICCPR. Other alleged violations, including insufficiency of evidence, absence at judgment, and delay in revision, were not established. The applicant had...

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Citation
rajabu c republique unie de tanzanie requete n 0082016 2021 afchpr 42 25 juin 2021
Parties
Applicant: Masoud Rajabu; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Partial finding for applicant
Legal Topics
Right to Fair Trial, Right to Legal Representation, Assistance Judiciaire Gratuite, Reasonable Time for Trial, Appeal and Revision Procedures
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Representation Assistance Judiciaire Gratuite Reasonable Time for Trial Appeal and Revision Procedures

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Parties

Masoud Rajabu

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's conviction was based on insufficient evidence
  2. 2 Whether the applicant's absence at the pronouncement of judgment violated his rights
  3. 3 Whether the applicant was denied free legal representation in violation of the Charter

Ratio Decidendi

The Court found that the applicant was denied free legal assistance in a serious criminal case, violating Article 7(1)(c) of the Charter and Article 14(3) of the ICCPR. Other alleged violations, including insufficiency of evidence, absence at judgment, and delay in revision, were not established. The applicant had exhausted domestic remedies and filed within a reasonable time.

Court Disposition

Partial finding for applicant

Orders

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