[2013] AfCHPR 55

[2013] AfCHPR 55

The Court found that the Applicant was denied the right to be heard and to defend himself, as the trial proceeded in his absence due to illness and without adequate inquiry or opportunity for explanation. The Applicant was not provided legal aid despite being indigent and facing a serious charge with a lengthy custodial sentence, contrary to the Charter and ICCPR. There was inordinate delay in the provision of court records and in the appellate process, which was attributable to the Respondent's judicial authorities and not the Applicant. Manifest errors at trial regarding ownership and description of stolen property were not adequately addressed by the national courts, adversely...

Citation
[2013] AfCHPR 55
Parties
Applicant: Alex Thomas; Respondent: United Republic of Tanzania
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
1 January 2013
Case Number
Application 5 of 2013
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed; violations found; orders issued for remedial measures.
Legal Topics
Fair Trial Rights, Legal Aid and Access to Counsel, Delayed Justice, Right to Be Heard, Judicial Review and Exhaustion, Remedies for Human Rights Violations
Source Language
English
Criminal Law Constitutional Law Fair Trial Rights Legal Aid and Access to Counsel Delayed Justice Right to Be Heard Judicial Review and Exhaustion Remedies for Human Rights Violations

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Parties

Alex Thomas

Applicant

United Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether the Applicant was denied the right to be heard and to defend himself during trial and appeal.
  2. 2 Whether the Applicant was denied legal aid despite being indigent and charged with a serious offence.
  3. 3 Whether there was inordinate delay in the appellate and review proceedings amounting to a violation of the right to a fair trial.

Ratio Decidendi

The Court found that the Applicant was denied the right to be heard and to defend himself, as the trial proceeded in his absence due to illness and without adequate inquiry or opportunity for explanation. The Applicant was not provided legal aid despite being indigent and facing a serious charge with a lengthy custodial sentence, contrary to the Charter and ICCPR. There was inordinate delay in the provision of court records and in the appellate process, which was attributable to the Respondent's judicial authorities and not the Applicant. Manifest errors at trial regarding ownership and description of stolen property were not adequately addressed by the national courts, adversely...

Court Disposition

Application partly allowed; violations found; orders issued for remedial measures.

Orders

  • Respondent to take all necessary measures within a reasonable time to remedy the violations found, specifically precluding reopening of the defence case and retrial of the Applicant, and to inform the Court within six months of measures taken.
  • Applicant to file submissions on reparations within thirty days; Respondent to reply within thirty days of receipt.