abubakari c republique unie de tanzanie requete n 0072013 2016 afchpr 24 3 juin 2016

abubakari c republique unie de tanzanie requete n 0072013 2016 afchpr 24 3 juin 2016

The Court found that the applicant's right to a fair trial under Article 7 of the African Charter and Article 14 of the ICCPR was violated by the respondent State due to failure to provide prompt access to legal counsel and legal aid, failure to communicate prosecution evidence in a timely manner, failure to...

Source-derived case information.

Citation
abubakari c republique unie de tanzanie requete n 0072013 2016 afchpr 24 3 juin 2016
Parties
Applicant: Mohamed Abubakari; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Human Rights Application / Final Merits Judgment With Reparations Phase Reserved
Outcome
Application partially upheld; violations of fair trial rights found; reparations phase reserved.
Legal Topics
Right to Fair Trial, Access to Justice, Legal Aid, Non Discrimination, Criminal Procedure, Judicial Remedies
Source Language
en
Human Rights Law Criminal Law International Law Right to Fair Trial Access to Justice Legal Aid Non Discrimination Criminal Procedure +1 more

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Parties

Mohamed Abubakari

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Merits Judgment With Reparations Phase Reserved

  1. 1 Whether the applicant's right to a fair trial under Article 7 of the African Charter and Article 14 of the ICCPR was violated by the Tanzanian authorities in the conduct of his arrest, detention, trial, and appeal.
  2. 2 Whether the applicant was denied prompt access to legal counsel and legal aid.
  3. 3 Whether the applicant was discriminated against in the provision of legal aid.

Ratio Decidendi

The Court found that the applicant's right to a fair trial under Article 7 of the African Charter and Article 14 of the ICCPR was violated by the respondent State due to failure to provide prompt access to legal counsel and legal aid, failure to communicate prosecution evidence in a timely manner, failure to properly investigate alleged conflict of interest of the prosecutor, conviction based on a single inconsistent witness without identification parade, and failure to properly consider the applicant's alibi. The Court held that these cumulative deficiencies rendered the trial unfair. The Court rejected claims regarding discrimination, irregularities in the indictment, the lawfulness of...

Court Disposition

Application partially upheld; violations of fair trial rights found; reparations phase reserved.

Orders

  • State to take all necessary measures, within a reasonable time, to remedy the violations found, excluding retrial, and to report to the Court within six months on measures taken.
  • Applicant's request for immediate release denied.