of the defendant and, in cases of appeal, the substance of the appeal (whether
it contains a contention that requires legal knowledge or skill), and the nature
of the "entirety of the proceedings", for example, whether there are considerable
disagreements on points of law or fact in the judgments of lower courtS. 21
106.
The Court observes that, as long as the conditions which would warrant
legal assistance exist, free legal assistance should be made available in all trial
and appellate proceedings
107.
In the instant case, the Court notes that the Applicants were represented
by lawyers both at the trial Magistrate's Court and the High Court, although
from the records of the case file it is not clear if the lawyers were contracted by
the Applicants themselves or by the Respondent.2 2 Thus, it was only in the
Court of Appeal that the Applicants were not represented. The issue that shall
therefore be addressed is whether the conditions that justify the provision of
legal assistance were available during the appellate proceedings at the Court
of Appeal.
108.
With regard to the first condition of indigence, the Respondent has not
disputed the claim of the Applicants that they are indigent. The Court thus
considers this requirement as having been met.
109.
With respect to the second requirement that the interest of justice must
warrant the provision of legal assistance, the Court considers that the crime of
armed robbery that the Applicants were convicted of was serious and the 30
years' imprisonment that they were sentenced to was severe with grave
repercussions on the right to liberty of the Applicants.
110.
The case further contains numerous complex legal and factual
questions (involving 22 prosecution and 10 defense witnesses) that require
considerable legal knowledge and technical pleading skills, which ordinary and
Alex Thomas v The United Republic of Tanzania judgement, para. 118. Abubakari case, paras. 138139. See also Case of Granger v. The United Kingdom Application no. 11932/86, European Court of
Human Rights, judgment of 28 March 1990, para. 44
21
22 Judgment of Resident Magistrate's Court at Kisutu, Dar es Salaam, p. 2, Judgment of~he
Hi h Court
of Tanzania, Dar es Salaam, p. 2
29
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