57. In relation to free legal assistance, the Court recalls that, as it has previously held, Article 7(1)(c) of the Charter as read together with Article 14(3)(d) of the ICCPR, guarantees the right to automatic free legal aid for any one charged with a serious criminal offence, where the person does not have the means to pay and whenever the interests of justice so require.20 Furthermore, an accused person charged with serious criminal offences attracting severe penalties is entitled to free legal assistance without having to ask for it.21 The Court also recalls that that legal assistance is to be provided to indigent persons facing a serious penalty at both trial and appellate stages.22 Moreover, the Court has previously found unjustifiable the Respondent State’s defence that free legal representation is availed depending on available resources.23 58. In the instant case, the Court observes from the record of proceedings on file that the Respondent State did not provide the Applicant with free legal representation despite his circumstances, the domestic courts’ acknowledgment that he “was a lay man with no knowledge of the law” and the serious nature of the sentence of the offence of rape and the penalty that such offence attracts under the law.24 Taking into account the aforementioned circumstances, the Court finds that Applicant should have 20 Thomas v. Tanzania (merits), supra, § 124. Ibid. 22 Chacha Wambura and Mangazi Mkama v. United Republic of Tanzania ACtHPR, Consolidated Application No. 011/2016 and 012/2016, Judgment on 5 September 2023 (merits and reparations), § 25. 23 Minani Evarist v. United Republic of Tanzania (merits) (21 September 2018) 2 AfCLR 402, § 70. 24 The Respondent State Penal law (Penal Code CAP. 16 [R.E 2022]) provides in Section 131 that: (1) provides that Any person who commits rape is, except in the cases provided for in the renumbered subsection (2) liable to be punished with imprisonment for life, and in any case for imprisonment of not less than thirty years with corporal punishment, and with a fine, and shall in addition be ordered to pay compensation of an amount determined by the court, to the person in respect of whom the offence was committed for the injuries caused to such person. Notwithstanding the provisions of any law, where the offence is committed by a boy who is of the age of eighteen years or less, he shall(a) if a first offender, be sentenced to corporal punishment only; (b) if a second time offender, be sentenced to imprisonment for a term of twelve months with corporal punishment; (c) if a third time and recidivist offender, be sentenced to five years with corporal punishment. Penal Code [CAP. 16 R.E. 2022] 71. (3) Subject to the provisions of subsection (2), a person who commits an offence of rape of a girl under the age of ten years shall on conviction be sentenced to life. 21 16