evarist c republique unie de tanzanie requete n 0272015 2018 afchpr 75 21 septembre 2018

evarist c republique unie de tanzanie requete n 0272015 2018 afchpr 75 21 septembre 2018

The respondent violated Article 7(1)(c) of the African Charter by failing to provide free legal assistance to the applicant, an indigent accused of a serious offence. Other alleged violations were not proven. The application was admissible as domestic remedies were exhausted and delay was justified by applicant's...

Source-derived case information.

Citation
evarist c republique unie de tanzanie requete n 0272015 2018 afchpr 75 21 septembre 2018
Parties
Applicant: Minani Evarist; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Application / Final Judgment
Outcome
Application partly allowed
Legal Topics
Right to Fair Trial, Legal Aid, Equal Protection, Exhaustion of Domestic Remedies
Source Language
en
Human Rights Criminal Law Right to Fair Trial Legal Aid Equal Protection Exhaustion of Domestic Remedies

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Parties

Minani Evarist

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Application / Final Judgment

  1. 1 Whether the applicant was denied the right to a fair trial under Article 7(1)(c) of the African Charter
  2. 2 Whether the applicant was denied equal protection under Article 3(2) of the African Charter
  3. 3 Whether the application was inadmissible for failure to exhaust domestic remedies or for unreasonable delay

Ratio Decidendi

The respondent violated Article 7(1)(c) of the African Charter by failing to provide free legal assistance to the applicant, an indigent accused of a serious offence. Other alleged violations were not proven. The application was admissible as domestic remedies were exhausted and delay was justified by applicant's indigence and lack of representation.

Court Disposition

Application partly allowed

Orders

  • Respondent to pay applicant 300,000 Tanzanian shillings as compensation for violation of fair trial rights
  • Respondent to report payment to the Court within six months