zuberi c republique unie de tanzanie requete n 0542016 2021 afchpr 59 26 fevrier 2021

zuberi c republique unie de tanzanie requete n 0542016 2021 afchpr 59 26 fevrier 2021

The Court found that the applicant, indigent and facing a serious charge with a heavy penalty, was entitled to free legal assistance regardless of whether he requested it. The failure of the respondent state to provide such assistance violated Article 7(1)(c) of the Charter, interpreted in light of Article 14(3)(d)...

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Citation
zuberi c republique unie de tanzanie requete n 0542016 2021 afchpr 59 26 fevrier 2021
Parties
Applicant: Mhina Zuberi; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed
Legal Topics
Right to Fair Trial, Legal Aid, Right to Defence, Assessment of Evidence, Remedies for Human Rights Violations
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Legal Aid Right to Defence Assessment of Evidence Remedies for Human Rights Violations

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Parties

Mhina Zuberi

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to free legal assistance was violated
  2. 2 Whether the applicant was denied the right to call defence witnesses
  3. 3 Whether there was a denial of justice due to improper assessment of evidence

Ratio Decidendi

The Court found that the applicant, indigent and facing a serious charge with a heavy penalty, was entitled to free legal assistance regardless of whether he requested it. The failure of the respondent state to provide such assistance violated Article 7(1)(c) of the Charter, interpreted in light of Article 14(3)(d) ICCPR. The Court rejected the other claims regarding denial of witnesses and improper assessment of evidence, finding no substantiation or procedural irregularity amounting to a denial of justice.

Court Disposition

Application partly allowed

Orders

  • Court has jurisdiction and application is admissible
  • Violation of Article 7(1)(c) of the Charter for failure to provide free legal assistance