0008?r T4.Article 7(1)(c) of the Charter provides "Every individual shall have the right to have his cause heard. This comprises: [...] c) The rightto defence, including the right to be defended by counsel of his choice." 75. The Court notes that Article 7 (1) (c) of the Charter does not provide explicitly for the right to free legal assistance. This Court has however, interpreted this provision in light of Article 14 (3) (d) of the lnternational Covenant on Civil and Political Rights (ICCPR)12, and determined that the right to defence includes the right to be provided with free legal assistance.l3 76.The Court further notes that in the present Application, the Applicants were not afforded free legal assistance throughout the trial and appeal proceedings in the national courts. This is not disputed by the Respondent State, which simply contends that the provision of free legal assistance is not automatic but depends on its and the Applicants' economic capacity. 77.On several occasions, the Court has however held that an individual charged with a criminal offence is entitled to the right to free legal assistance without having requested for it, provided that the interests of justice so require. This will be the case where an accused is indigent and is charged with a serious offence which carries a severe penalty.la 78. ln the instant case, the Applicants were charged with a serious offence, that is, robbery with violence, carrying a severe punishment, a minimum punishment of thirty (30) 12 The Respondent State became a State Party to ICCPR on on 1 1 June 1976. Alex Thomas v Tanzania (Merits), $ 114; Kijiji lsiaga v Tanzania (Merits), $ 72, Application No. 003/2015. Judgment ot 2810912018 (Merits), Kennedy Owino Onyachi and Another v lJnited Republic of Tanzania, g 13 104. Alex Thomas lbid, S 123, see also Mohammed Abubakariv Tanzania (Merits), S S 138-139. 1a 19 @