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Tanzania decisions
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The African Court found no violation of fair-trial rights in a labour dispute brought by former Mali workers and dismissed all reparations claims.
The African Court found Tanzania violated the Applicants’ right to free legal assistance, but rejected their other fair trial, discrimination, and legality claims.
The Court found that the applicants' right to legal aid under Article 7(1)(c) of the African Charter, read with Article 14(3)(d) ICCPR, was violated because they were indigent, charged with a serious offence, and not provided legal assistance at trial or on appeal. Other alleged violations (unreliable evidence, failure to consider alibis, imprecise law, discrimination, unreasonable delay) were not established, as national courts had properly assessed evidence, the law was sufficiently clear, and no discrimination or unreasonable delay was proven.
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The respondent violated the applicant's right to legal assistance by failing to provide free legal aid during trial and appeals for a serious criminal charge, contrary to Article 7(1)(c) of the African Charter and Article 14(3)(d) ICCPR. No violation was found regarding equality before the law, reasonable time for trial, or the right to have the conviction and sentence annulled.
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The Court found that the applicant was denied free legal assistance in a serious criminal case, violating Article 7(1)(c) of the Charter and Article 14(3) of the ICCPR. Other alleged violations, including insufficiency of evidence, absence at judgment, and delay in revision, were not established. The applicant had exhausted domestic remedies and filed within a reasonable time.
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The Court found violations of the applicant's right to free legal assistance and to be tried within a reasonable time, but rejected claims regarding equality before the law, cruel treatment, and fair trial irregularities in identification, evidence contestation, and alibi. Compensation was awarded for moral damages due to the established violations.
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The Tribunal found violations of the applicant's right to legal assistance and to be tried within a reasonable time, as guaranteed by Article 7(1)(c) and (d) of the African Charter, interpreted in light of Article 14(3)(d) ICCPR. No violations were found regarding equality before the law, prohibition of cruel, inhuman or degrading treatment, or fair trial in relation to identification and evidence challenges.
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The application is inadmissible because the applicant failed to exhaust available domestic remedies as required by Article 40(5) of the Rules; thus, the Tribunal cannot consider whether the application was filed within a reasonable time or other admissibility conditions.
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The African Court found Tanzania violated the applicants’ rights to a trial within a reasonable time and to legal aid, and ordered expedited domestic proceedings.
The Court found that the applicants' right to be tried within a reasonable time was violated due to excessive and unjustified delays in national proceedings, not attributable to the applicants or the complexity of the case, but to lack of diligence by national authorities. The Court also found a violation of the right to legal assistance, as the applicants were left without representation after their counsel abandoned them, and the State failed to provide legal aid or inform them of their right to such assistance, despite the seriousness of the charges and the applicants' indigence.
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