the lawyer withdrew his services for lack of cooperation from the Applicant, and
that in any event, the Applicant was supposed to request for legal assistance if
he felt he needed one. The Court also notes the Respondent State’s argument
that the Applicant was able to defend himself at all stages of his trial.
110.
The Court notes from the file that, during part of his trial, the Applicant was
indeed represented by counsel, whom
he had personally engaged.
However,
this was not the case throughout the trial and appellate proceedings. In any
case, the failure of the Respondent State to provide the Applicant with free legal
assistance at appellate levels is inconsistent with international human rights
standards.
111.
Accordingly, the Court finds that the Respondent State has, by failing to
provide the Applicant with free legal assistance during part of his trial and
appeals in respect of the first case, Criminal Case No. 95/2003, violated the
Applicant’s right to free legal assistance as guaranteed by Article 7(1)(c) of the
Charter as read together with Article 14(3)(d) of the ICCPR.
v.
Alleged violation of the right to be tried within a reasonable time in
Criminal Case No. 194/2004
112.
The Applicant alleges that immediately after his conviction in Criminal Case
No. 194/2004, he filed an appeal before the High Court under Criminal Appeal
No.
58/2006,
challenging the decision of the District Magistrate
Court.
He
indicates that the appeal was heard in June 2007 and scheduled for delivery of
judgment but this had not happened by the time he filed his Application before
this Court, on 19 January 2015. In his Reply, he further asserted that this appeal
was pending until 20 March 2017. The Applicant contends that this delay is
excessive for a criminal case and constitutes a violation of the right to be tried
within a reasonable time contrary to Article 7(1)(d) of the Charter.
32