113. The Court has previously interpreted Article 7(1)(c) of the Charter in light of
Article 14(3)(d) of the ICCPR,36 and determined that the right to defence
includes the right to be provided with free legal assistance.37
114. In the matter of African Commission on Human and Peoples’ Rights v.
Libya, the Court held that “every accused person has a right to be effectively
defended by a lawyer, which is at the heart of the notion of a fair trial”.38
Equally, in Evodius Rutechura v. Tanzania39 the Court held that the right to
fair trial includes the right to be represented by counsel.
115. In assessing the applicability of this right, the Court emphasises that an
important consideration is whether the accused is provided with effective
legal representation rather than whether he or she is allowed to be
represented by a lawyer of their own choosing.40 The Court considers that,
“effective assistance of counsel” comprises two aspects.41 First, defence
counsel should not be restricted in the exercise of representing his client.
Second, counsel should not deprive a client of effective assistance by failing
to provide competent representation that is adequate to ensure a fair trial
or, more broadly, a just outcome.42
116. In the present case, the Applicant has simply asserted that he was not
allowed to be represented by counsel of his choice. The judgment of the
Court of Appeal confirms that the Applicant, and all his co-appellants, were
represented by counsel. The Applicant has not demonstrated that his
counsel was prevented from effectively representing him by reason of the
conduct of the Respondent State. As a matter of fact, the record indicates
that the Applicant never raised any issues about his representation during
36
The Respondent State became a State party to the ICCPR on 11 June 1976.
Thomas v. Tanzania (merits), supra, § 114; Isiaga v. Tanzania (merits), supra, § 72; Onyachi and
Njoka v. Tanzania (merits), supra, § 104.
38 African Commission on Human and Peoples’ Rights v. Libya (merits) (2016) 1 AfCLR 153, § 95.
39 Evodius Rutechura v. United Republic of Tanzania (merits and reparations) (26 February 2021) 5
AfCLR 7 § , § 73.
40 ECHR, Lagerblom v. Sweden (2003) App No. 26891/95, §§ 54-56.
41 HRI/GEN/1/Rev.9 (Vol. I) page 256, §§ 333-335.
42 ECHR, Strickland v. Washington, 466 U.S. 668 336; 686 (1984), 336; Lafler v. Cooper, 566. No 10209 slip. op. (2012) (erroneous advice during plea bargaining).
37
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