April, 13 May and 26 May 1997, respectively, and that Advocate Njau intervened for the
first time on 9 June 1997, that is, about two months after his arrest.
121.
In principle,
as the Commission
noted
in the
Matter of Abdel
Hadi,
Ali Radi and
Others v. Republic of The Sudan, the fact of not having access to a lawyer for a long
period
after arrest
affects
the
victims’
ability to effectively
defend
themselves,
and
constitutes a violation of Article 7(1)(c) of the Charter.'®
122. In the circumstances of the present case, where the Court records at the national
level make
no mention
of the Applicant being informed
of his right to be assisted
by
Counsel at the time of his arrest, the Court is of the opinion that the Applicant’s right to
have access to Counsel upon his arrest was violated by the Respondent State.
E) The allegation that the Applicant was not afforded free legal assistance during
the proceedings
123. In his Application, the Applicant further alleges that during the trial at the first instance
and appellate courts, he was not assisted by Counsel; that he did his best to prove his
innocence
all by himself but without success;
and that all that caused
him prejudice,
especially as it was in breach of Article 13 of the Tanzanian Constitution on the right to
equal treatment for all.
124. In his written submissions
attached to the Application, the Applicant invokes the
Criminal Procedure Act of Tanzania on the right to be defended by a lawyer in criminal
proceedings
and
the
right to legal
assistance,
represented, his current predicament should
and
argues
that
had
he
been
duly
not have been there to haunt his life.
1® Communication 368/09, Decision of November 2013, para 90. See in this regard: - ECHR: Matter of A.T
v. Luxemburg, Judgment of 9 April 2015, paras 63- 65.
Q,
YO 7.
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for
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