71. In conclusion, the Respondent State asserts that it is committed to the protection of human rights as provided for under the Charter. To this end, it has undertaken and adopted legislative measures, including the enactment of the Legal Aid (Criminal proceedings) Act Cap 21 of the Laws providing for free legal aid in criminal proceedings involving indigents, which was enacted at the time the criminal case was filed against the Applicant. *** 72. 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 [their] choice.” 73. The Court has 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 74. The Court has also previously determined that where accused persons are charged with serious offences which carry heavy sentences and they are indigent, free legal assistance should be provided as of right, whether or not the accused persons request for it.21 The Court has also held that, the obligation to provide free legal assistance to indigent persons facing serious charges which carry a heavy penalty is for both the trial and appellate stages.22 75. The Court observes that the Applicant, who is a foreigner, faced a serious charge of rape which carries a heavy penalty of thirty-year (30) minimum prison sentence. The record of proceedings indicates that the Applicant was 19 The Respondent State became a State Party to the ICCPR on 11 June 1976. Thomas v. Tanzania (merits), supra, § 114; Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, § 72; Onyachi and Another v. Tanzania (merits), supra, § 104. 21 Thomas v. Tanzania, ibid, § 123; Isiaga v. Tanzania, ibid, § 78; Onyachi and Another v. Tanzania, ibid, §§ 104 and 106. 22 Thomas v. Tanzania, ibid, § 124; Wilfred Onyango Nganyi and 9 Others v. United Republic of Tanzania (merits) (18 March 2016) 1 AfCLR 507, § 183. 20 19