143. The Court also notes that nothing in the records indicates that the Applicant has or had other sources of regular income; and that having been incarcerated, he could no longer have such an income - which grounds prompted this Court to assign a lawyer to him at his request in the instant case. 144. The Court notes, lastly, that the Respondent State failed to adequately demonstrate that it had absolutely no financial capacity to grant free legal assistance to indigent persons, alleged perpetrators of serious crimes liable to punishment as severe as thirty years imprisonment. 145. For these reasons, the Court in the instant case, holds that the Respondent State ought to have afforded the Applicant, automatically and free of charge, the services of a lawyer throughout the proceedings in the local courts. In failing to do so, the Respondent State violated Article 7 of the Charter and Article 14 of the Covenant. F) The allegation that the Applicant was discriminated against in terms of legal assistance 146. In his written submissions annexed to the Application, the Applicant alleges that he did not have the benefit of legal aid, and that he was discriminated against, especially for reasons of his state of poverty, in violation of Article 13 of the Tanzanian Constitution. 147. At the Public Hearing, Counsel for the Applicant invoked the Principles and Guidelines of the African Commission on Human and Peoples’ Rights on the Right to a Fair Trial and Legal Assistance in Africa, particularly Prosecutors who should ethnic, principle (f) thereof on the role of carry out their functions without bias and eschew social, racial, religious, cultural, sexual, should protect the public interest and act gender or any objectively taking kind all political, of discrimination, into proper account the position of both the suspect and the victim. 40 eo

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