74. In light of the foregoing, the Court dismisses the Applicant’s allegations and
holds that the Respondent State did not violate Article 7(1) of the Charter.
ii. Alleged violation of the right to legal representation
75. The Applicant alleges that since he did not have legal representation, the
Court of Appeal duty-bound to ensure that his rights were safeguarded
during the hearing of his appeal. He further alleges that his right to a fair trial
was violated due to the fact that he did not have counsel to assist him.
76. The Respondent State did not submit on this point.
***
77. According to Article 7(1)(c) of the Charter, the right to have one’s cause
heard includes “the right to defence, including the right to be defended by
counsel of [one’s] choice.”
78. The Court has previously interpreted Article 7(1)(c) of the Charter in light of
Article 14(3)(d) of the International Covenant on Civil and Political Rights
(ICCPR),19 and determined that the right to defence includes the right to be
provided with free legal assistance.20
79. In the instant case, the Court observes from the record that the Applicant
had personal conduct of his case at all stages of the domestic proceedings
despite facing a serious charge of armed robbery carrying a minimum thirty
(30) years’ prison sentence. This notwithstanding, the Applicant conducted
his case before all domestic courts.
80. The Court has consistently held that any indigent person charged with
serious offences which carry heavy sentences, must be afforded free legal
19
The Respondent State became a State Party to the ICCPR on 11 June 1976.
Thomas v. Tanzania (merits), supra, § 114; Isiaga v. Tanzania (merits), supra, § 72; Onyachi and
Njoka v. Tanzania (merits), supra, § 104.
20
19
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