zanzibar c republique unie de tanzanie requete n 0222016 2021 afchpr 57 26 fevrier 2021

zanzibar c republique unie de tanzanie requete n 0222016 2021 afchpr 57 26 fevrier 2021

The court found no violation of fair trial rights regarding evidence assessment, as national courts properly evaluated witness credibility and resolved contradictions. However, the respondent violated Article 7(1)(c) of the African Charter, read with Article 14(3)(d) ICCPR, by failing to provide free legal...

Source-derived case information.

Citation
zanzibar c republique unie de tanzanie requete n 0222016 2021 afchpr 57 26 fevrier 2021
Parties
Applicant: Mussa Zanzibar; 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, Right to Legal Assistance, Violation of Procedural Rights
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Assistance Violation of Procedural Rights

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Parties

Mussa Zanzibar

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to a fair trial was violated by partiality in evidence assessment
  2. 2 Whether the applicant was denied free legal assistance in violation of Article 7(1)(c) of the African Charter

Ratio Decidendi

The court found no violation of fair trial rights regarding evidence assessment, as national courts properly evaluated witness credibility and resolved contradictions. However, the respondent violated Article 7(1)(c) of the African Charter, read with Article 14(3)(d) ICCPR, by failing to provide free legal assistance to the applicant, an indigent accused facing a serious charge.

Court Disposition

application partly allowed

Orders

  • Respondent to pay applicant 300,000 Tanzanian shillings as compensation for violation of right to free legal assistance.
  • Payment to be tax-free within six months, failing which interest at the Central Bank rate applies until full payment.