he will be deemed to understand the processes and to have agreed to the
manner in which they were being conducted.57
144. In the instant case, the Court notes that the record of proceedings during
the trial demonstrates that at the preliminary hearing held on 10 November
2004, the Applicant was provided with an interpreter, one Mr A. Joseph, who
interpreted the proceedings from English into Kiswahili and vice versa. The
Applicant was also represented by Advocate Katabalwa. The offence and
its particulars were read over to both the Applicant and co-accused in their
“own language” and both pleaded not guilty to committing the offence, “Siyo
kweli” in Kiswahili, meaning, “not true”. Thereafter, a plea of not guilty was
entered. The Court observes that the accused persons entered their plea in
Kiswahili and at no point during the proceedings did the Applicant object to
the proceedings or expressly raise any objections, or inform the court or his
counsel that he did not understand the language of the proceedings or
requested for an interpreter.58
145. The Court, therefore, finds that the Respondent State did not violate Article
7(1)(c) of the Charter as read together with Article 14(3)(a) of the ICCPR,
with regard to the alleged failure to provide the Applicant with interpretation
services during his trial.
146. In view of the foregoing, the Court holds that the only right violated by the
Respondent State within the rubric of fair trial rights is the Applicant’s right
to be tried within a reasonable time as provided for under Article 7(1)(d) of
the Charter.
57
58
Guehi v. Tanzania, supra, § 77.
Ibid, § 77.
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