000?95'
81. The Court notes thatArticle 7(1)(c) of the Charter does not provide explicitly
for the right to free legal aid. Nevertheless, in the Matter of Alex Thomas
v.
Tanzaniale, the Court underlined that Article 7(1Xc) of the Charter, interpreted
in light of Article 14(3)(d) of the lnternational Covenant on Civil and Political
Rights (hereinafter referred to as ICCPR)z0, establishes the right to free legal
aid where a person is charged with a serious criminal offence, who cannot
afford to pay for legal representation and where the interest of justice so
requires.2l The interest of justice is required in particular, if the Applicant is
"indigent, the offence is serious and the penalty provided by the law is
severe."22
82.The Court notes that the Applicant was not afforded free legal aid throughout
the proceedings in the national courts. The Court further notes that
Respondent State does not dispute that the Applicant is indigent, that
the
the
offence is serious and the penalty provided by law is severe, it only contends
that he did not make a request for legal aid.
83. Given
that the Applicant was charged with a serious offence, that is, armed
robbery, carrying a minimum punishment of thirty (30) years imprisonment; the
interest of justice required that the Applicant should have been provided with
free legal aid irrespective of whether he requested for such assistance.
1s
20
Alex Thomas v. Tanzania (Merits), S 1 14.
The Respondent State acceded to the lnternational Covenant on Civil and Political Rights on 'l 1 June
1576.
21
"in the determination of any criminal charge against him, everyone shall be entitled to the following
minimum guarantees in full equality: ...to defend himself in person or through legal assistance of his own
choosing, lo be informed if he does not have legal assistance assigned to him, in any c€lse where the
interest of justice so require, and without payment by him in any such case, if he does not have sufficienl
means to pay for it."
22 Alex Thomas lbid,
S 123, see also Mohammed Abubakai v Tanzania (Merits), $$ 138-139; Application
No. 027/2015. Judgment of 2110912018 (Merits and Reparations), Minani Evarist v.United Republic of
Tanzania (hereafter refened to as"Minani Evaist v Tanzania (Merits and Reparations)"), S 68; Application
No. 016/2016. Judgment ol 2'110912018 (Merits and Reparations), Diocles Williams v. United Republic of
Tanzania (hereafter referred to as'Dioc/es William v Tanzania (Merits and Reparations)'), S 85; Application
No. 020/2016. Judgment of 2110912018 (Merits and Reparations), Anaclet Paulo v Tanzania (Merits and
Reparations), $ 92.
20