without charge and without having to apply for it.19 Furthermore, the obligation to provide free legal aid to indigent persons facing serious charges that carry a heavy penalty applies both at trial and on appeal.20 78. The Court observes that although the Applicant was charged with rape, which is a serious offence carrying a minimum sentence of thirty (30) years’ imprisonment, a penalty that is quite severe, there is nothing on record to indicate that he was informed of his right to legal assistance, or that, if he could not afford such assistance, it would have been provided free of charge. The Court further notes that the Respondent State does not dispute that the Applicant is indigent. 79. The interests of justice impose the obligation to afford the Applicant free legal assistance throughout the proceedings at first instance and on appeal. 80. The Court therefore finds that the Respondent State violated Article 7(1)(c) of the Charter, read in conjunction with Article 14(3)(d) of the ICCPR, by failing to afford the Applicant free legal assistance in the proceedings before domestic courts. VIII. REPARATIONS 81. The Applicant prays the Court to grant him reparations for the violations he suffered, to vacate the conviction and sentence against him, and to order his release. 82. The Respondent State prays the Court to dismiss the Applicant’s request for reparations. *** 19 Thomas v. Tanzania, ibid, § 123; Isiaga v. Tanzania, ibid, § 78; Owino and Another v. Tanzania, ibid, §§ 104 and 106. 20 Thomas v. Tanzania, ibid; Isiaga v. Tanzania, ibid; Onyachi and Another v. Tanzania, supra, § 111. 18

Select target paragraph3