wambura et mkama c republique unie de tanzanie requetes n 0112016 requetes n 0122016 2023 afchpr 30 5 septembre 2023
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.
Source excerpt
- Right to fair trial
- Right to legal aid
- Non-discrimination
- Nullum crimen sine lege
- Reasonable time for trial