Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-272-510-510
JUDGMENT SUMMARY
accordingly, dismissed the Applicant’s allegations and held that the Respondent State did not
violate his right to be heard, protected under Article 7(1) of the Charter.
On the allegation relating to the competence of the interpreter, the Court recalled its previous
decision in Armand Guehi v. United Republic of Tanzania, where it held that every accused
person has the right to an interpreter which is an aspect of fair trial under Article 7(1)(c) of the
Charter read jointly with Article 14(3)(a) of the International Covenant on Civil and Political
Rights (ICCPR) and that in cases where the accused cannot understand or speak the
language that is being used in court, he or she is entitled to an interpreter. In the instant case,
the Court held that the Respondent State did not violate Article 7(1)(c) of the Charter, read
jointly with Article 14(3)(a) and (f) of the ICCPR, on the right to defence with regard to the right
to be assisted by an interpreter, as the facts revealed that the Applicant’s ability to defend
himself were not affected by the language issue, considering, among others, that interpretation
was provided from Kiswahili to Chinese and vice versa and that he was represented by
counsel during the trial and appellate proceedings.
On the allegation relating to the denial of bail, the Court observed that the Charter does not
explicitly guarantee the right to bail in any of its provisions. However, the ICCPR, in Article
9(3), affirms that the detention of individuals accused of having committed crimes should be
an exceptional measure. Those awaiting trial ought to be granted bail unless specific
circumstances necessitate detention, such as the need to uphold the integrity of the trial and
prevent the risk of absconding. The Court emphasised that the decision on whether to grant
bail to an accused demands an individualised assessment, taking into account the unique
facts of each case and the specific circumstances of the Applicant. The Court further noted
that there may be circumstances warranting the denial of bail. In the instant case, the Court
observed that the Magistrate’s Court, in its Ruling delivered on 24 November 2015, duly
considered different reasons for denying bail to the Applicant and his co-accused, including
the severity of the charge against the Applicant, the severity of the sentence it may attract, the
necessity to guarantee the presence of the Applicant during the whole trial, as well as the risk
of abscondment and the devastating consequences on the case should it materialise. In view
of the foregoing, the Court found that the domestic court’s decision to deny bail to the Applicant
does not reveal any manifest errors requiring its intervention. The Court, therefore, dismissed
the Applicant’s allegation and held that the Respondent State did not violate the Applicant’s
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