kisase c republique unie de tanzanie requete n 0052016 2021 afchpr 6 2 decembre 2021

kisase c republique unie de tanzanie requete n 0052016 2021 afchpr 6 2 decembre 2021

The Court found that the respondent State violated the applicant's right to free legal assistance as required under Article 7(1)(c) of the African Charter and Article 14(3)(d) of the ICCPR, given the seriousness of the offense and the applicant's indigence. Other alleged violations, including denial of a fair...

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Citation
kisase c republique unie de tanzanie requete n 0052016 2021 afchpr 6 2 decembre 2021
Parties
Applicant: Sadick Marwa Kisase; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly granted
Legal Topics
Right to Fair Trial, Right to Legal Aid, Equal Protection of the Law, Exhaustion of Domestic Remedies, Compensation for Human Rights Violations
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Aid Equal Protection of the Law Exhaustion of Domestic Remedies Compensation for Human Rights Violations

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Parties

Sadick Marwa Kisase

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
  2. 2 Whether the applicant was denied free legal assistance
  3. 3 Whether the applicant was denied equal protection of the law

Ratio Decidendi

The Court found that the respondent State violated the applicant's right to free legal assistance as required under Article 7(1)(c) of the African Charter and Article 14(3)(d) of the ICCPR, given the seriousness of the offense and the applicant's indigence. Other alleged violations, including denial of a fair hearing and equal protection, were not established due to lack of evidence or because the applicant's arguments were duly considered by national courts.

Court Disposition

Application partly granted

Orders

  • Exception to material jurisdiction rejected; Court is competent.
  • Objection to admissibility rejected; Application declared admissible.