7(1)(c) of the Charter as read together with Article 14(3)(d) * of the International Covenant on Civil and Political Rights (hereinafter referred to as “ICCPR’)"*, establishes the right to free legal assistance where a person cannot afford to pay for legal representation and where the interest of justice so requires'®. The interest of justice includes where the Applicant is indigent, the offence is serious and the penalty provided by the law is severe.'® 56. The Court notes that the Applicant was not afforded free legal assistance throughout the proceedings in the national courts. The Court further notes that the Respondent State does not dispute that the Applicant is indigent, that the offence he was charged with is serious and that the penalty provided by law is severe. It only contends that he did not make a request for legal assistance. 57.Given that the Applicant carrying a minimum assertion was sentence of indigence was charged with the serious of thirty (30) years not contested by the offence of rape, imprisonment, Respondent and his State, the interest of justice required that the Applicant should have been provided with free legal assistance, regardless of whether or not he requested for such assistance. 58.The Court therefore finds that the Respondent State has violated Article 7(1)(c) of the Charter as read together with Article 14(3)(d) of the ICCPR. 13 “In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees in full equality: ...to defend himself in person or through legal assistance of his own choosing, to be informed if he does not have legal assistance assigned to him, in any case where the interest of justice so requires, and without payment by him in any such case, if he does not have sufficient means to pay for it.” 14 The Respondent State became a party to the International Covenant on Civil and Political Rights on 11 June 1976. 45 Alex Thomas v Tanzania (merits), § 114. 16 Alex Thomas v Tanzania (merits), § 123. See also Mohamed Abubakari v Tanzania (merits), §§ 138139; Minani Evarist v Tanzania (merits), § 68; Diocles William v Tanzania (merits), § 85; Anaclet Paulo v United Republic of Tanzania (merits) (2018) 2 AfCLR 446, § 92. 16