A. Alleged violation of the right to free legal assistance 53. The Applicant avers that he is an indigent layman who was charged with the “capital offence of rape”, but the Respondent State failed to avail him with free legal representation throughout his trial despite the gravity of the offence and weight of the sentence in contravention of Article 7(1)(c) of the Charter * 54. The Respondent State on its part, avers that the Applicant did not request for legal representation during the procedures before the trial court or the appellate court. However, he was provided the opportunity to argue his case and his arguments were considered. Furthermore, had he raised this issue during the trial, it could have been addressed appropriately in accordance with Tanzanian legal aid legislation. 55. The Respondent State submits that the right to legal representation is not absolute but depends upon two conditions, first, that there must be a request for legal representation and second, that the financial resources to hire a legal counsel must be available. It avers that this condition is similar to the Courts provisions in Rule 31 of the Rules of the Court, which states that “Pursuant to Article 10(2) of the Protocol the Court may, in the interest of justice and within the limits of the financial resources available decide, to provide free legal representation and/or legal assistance to any party.” *** 56. Article 7(1)(c) of the Charter provides that: 1. Every individual shall have the right to have his cause heard. This comprises: … (c) The right to defence, including the right to be defended by counsel of his choice. 15