On admissibility
iii. Dismisses the objections to the admissibility of the Application;
iv. Declares the Application admissible.
On merits
v. Finds that the Respondent State did not violate the right to be
heard protected under Article 7(1) of the Charter in relation to the
Applicant’s grounds of appeal at the Court of Appeal;
vi. Finds that the Respondent State violated the Applicant’s right to
defence under Article 7(1)(c) of the Charter as read together with
Article 14(3)(d) of the ICCPR due to the failure to provide free legal
assistance.
On reparations
On pecuniary reparations
vii. Orders the Respondent State to pay the Applicant, the sum of
Tanzanian shillings Three Hundred Thousand (TZS 300,000) free
from tax as fair compensation to be made within six (6) months
from the date of notification of this Judgment, failing which it will
be required to pay interest on arrears calculated on the basis of
the applicable rate of the Central Bank of Tanzania throughout the
period of delayed payment until the amount is fully paid.
On non-pecuniary reparations
viii. Orders the Respondent State to take all necessary constitutive
and legislative measures, within a reasonable time, and in any
case not exceeding two (2) years, to ensure that the Legal Aid Act
2017 is amended and aligned with the provisions of the Charter
and ICCPR;
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