67. Consequently, the Court dismisses the Applicant’s allegation and finds that
the Respondent State did not violate Article 3(1) and (2) of the Charter.
B. Alleged violation of the right to free legal assistance
68. The Applicant alleges that he was not afforded free legal assistance in the
proceedings against him before the domestic courts and that the
Respondent State thereby violated Article 7(1)(c) of the Charter.
69. He submits that his grievances relate primarily to the alleged violation of the
right to free legal assistance, which is a source of miscarriage of justice not
only for the Applicant but also for many Tanzanians. He submits that the
Prosecutor of the Respondent State is duty-bound to refrain from employing
improper methods to secure wrongful conviction. Rather, he must deploy all
legitimate methods to secure a just conviction.
70. The Respondent State submits that the Applicant was afforded this right. It
explains that the Applicant commenced his defence on 20 September 2006
and was afforded the opportunity to defend himself. It further contends that
the Applicant had the opportunity to apply for legal aid under Section 3 of
the Legal Aid (Criminal Proceedings) Act. According to the Respondent
State, the Applicant could also have applied for legal aid for his appeal to
the Court of Appeal under Part II Rule 31(1) of the Rules of Procedure of
2009 of the Respondent State’s Court of Appeal.
71. The Respondent State points out that Article 13(6) of its Constitution
provides for the obligation to ensure equality before the law as well as the
right to appeal or the right to pursue any other remedy to challenge the
decision of the Court in question. It submits that the Applicant was granted
leave to file a late appeal before the Court of Appeal. The Respondent State
submits that in the circumstances of the present case, the trial duration of
two (2) years and three (3) months constitutes reasonable time.
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