arraignment and by Advocate S.L Katabalwa during the trial. The Court
observes that there is nothing on the record to demonstrate that the
Respondent State impeded counsel from accessing the Applicant and
consulting him on the preparation of his defence, or that the Respondent
State denied the designated Counsel adequate time and facilities to enable
the Applicant to prepare his defence.
108. The Court has held in its previous jurisprudence that allegations relating to
counsel not raising or objecting to certain evidentiary issues in relation to
his/her clients defence, should not, in these circumstances, be imputed to
the Respondent State.47 More importantly, there is nothing on the record to
demonstrate that the Applicant informed the domestic courts of the alleged
shortcomings in the Counsel’s conduct in relation to his defence. The
Applicant was free to raise with the respective courts his discontent about
the manner in which he was represented.
109. In view of the above, the Court finds that the Respondent State discharged
its obligation to provide the Applicant with effective free legal assistance and
therefore, holds that the Respondent State did not violate Article 7(1)(c) of
the Charter as read together with Article 14(3)(d) of the ICCPR.
ii.
Conviction on the basis of insufficient evidence
110. The Applicant asserts that the Respondent State had a clear obligation to
identify the critical weaknesses in the prosecution’s evidence against the
Applicant and to seek to corroborate the evidence before convicting him.
Instead, it convicted him on the basis of questionable testimony regarding
his identification and a coerced confession from a child, thus eliminating any
presumption of innocence and consequently, violating his right to a fair trial.
111. He submits that Article 7(1)(b) sets out the right to be presumed innocent
until proven guilty by a competent court or tribunal. Citing the jurisprudence
47
Gozbert Henerico v. United Republic of Tanzania, ACtHPR, Application No. 056/2016, Judgment of
10 January 2022 (merits and reparations), § 113.
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