mango and another c republica unida da tanzania processo n 0052015 2018 afchpr 12 11 maio 2018

mango and another c republica unida da tanzania processo n 0052015 2018 afchpr 12 11 maio 2018

The Court found that the State violated Article 7(1)(c) of the African Charter by failing to provide legal aid to the applicants, who were indigent and faced serious charges, and by failing to promptly provide copies of some prosecution witness statements, thus impairing their right to prepare a defence. Other...

Source-derived case information.

Citation
mango and another c republica unida da tanzania processo n 0052015 2018 afchpr 12 11 maio 2018
Parties
Applicant: Thobias Mang’ara Mango; Applicant: Shukurani Masegenya Mango; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Petition / Final Merits Judgment
Outcome
Partial finding for applicants
Legal Topics
Right to Fair Trial, Legal Aid, Criminal Procedure, Admissibility, Remedies, Judicial Review
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Legal Aid Criminal Procedure Admissibility Remedies Judicial Review

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Parties

Thobias Mang’ara Mango

Applicant

Shukurani Masegenya Mango

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Petition / Final Merits Judgment

  1. 1 Whether the applicants' right to a fair trial under Article 7 of the African Charter was violated
  2. 2 Whether the applicants were denied legal aid in violation of international standards
  3. 3 Whether delays and denial of access to witness statements violated the right to defence

Ratio Decidendi

The Court found that the State violated Article 7(1)(c) of the African Charter by failing to provide legal aid to the applicants, who were indigent and faced serious charges, and by failing to promptly provide copies of some prosecution witness statements, thus impairing their right to prepare a defence. Other alleged violations were not proven or fell outside the Court’s jurisdiction. The Court also found a consequential violation of Article 1 of the Charter.

Court Disposition

Partial finding for applicants

Orders

  • Declared violation of Article 7(1)(c) of the African Charter regarding legal aid and access to witness statements
  • Declared consequential violation of Article 1 of the African Charter