(ICCPR),32 and determined that the right to defence includes the right to be provided with free legal assistance.33 99. In the instant case, the Court observes that although it is only the Second Applicant who alleges the violation of his right to legal assistance, the record shows that both the First and Second Applicants were not represented by Counsel during the domestic proceedings. They both faced a serious charge of armed robbery carrying a minimum thirty (30) years of prison sentence. Yet, they were not informed of their right to legal assistance. The Court further notes that, the Respondent State did not dispute that the Applicants were not provided legal assistance although they were indigent and were charged with grave offences. 100. The Court has established that where accused persons are charged with serious offences which carry heavy sentences and they are indigent, free legal assistance should be provided as of right, whether or not the accused persons request for it.34 101. The Court has also held that, the duty to provide free legal assistance to indigent persons facing serious charges which carry a heavy penalty is for both the trial and appellate stages.35 States should, therefore, automatically grant legal assistance as long as the interest of justice require, irrespective of whether an applicant has not requested for it. 102. In the instant case, the Court is of the considered view that given their circumstances, the interests of justice ought to have been considered to provide the Applicants with legal assistance throughout their trial and appeals. 32 The Respondent State became a State Party to the ICCPR on 11 June 1976. Thomas v. Tanzania, (merits), § 114; Isiaga v. Tanzania (merits) supra, § 72; Kennedy Owino Onyachi and Njoka v. Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 104. 34Thomas v. Tanzania (merits), ibid, § 123; Isiaga v. Tanzania, ibid, § 78; Kennedy Owino Onyachi and Njoka v. Tanzania, ibid, §§ 104 and 106. 35 Thomas v. Tanzania (merits), § 124; Wilfred Onyango Nganyi 9 Others v. United Republic of Tanzania (merits) (18 March 2016) 1 AfCLR 507, § 183. 33 27