103.
The Respondent State further asserts that the Applicant's counsel remained
available to the Applicant between 3 November 2003 and 24 November 2004
and withdrew from the case after that date due to lack of instructions from the
Applicant.
The
counsel
remained
at
the
Applicant's
disposal
during
the
evidentiary period and did not challenge the evidence adduced before the Court
throughout that stage of the trial,
104.
The
Respondent
State
also
submits,
with
regard
to the
Applicant's
allegation that he was deprived of the right to counsel, that the Applicant had
the opportunity to apply for legal assistance as provided under Section 3 of the
Legal Aid (Criminal Proceedings) Act. The Respondent State also avers that
the Applicant had the opportunity of raising this issue during his appeals at the
High Court and the Court of Appeal.
105.
The Court notes that Article 7(1)(c) of the Charter mentioned above* does
not provide explicitly for the right to free legal aid. This Court has however,
interpreted
this
provision
as
read
together
with
Article
14(3)(d)
of the
International Covenant on Civil and Political Rights (hereinafter referred to as
“the ICCPR’)*! and determined that the right to defence includes the right to be
provided with free legal assistance.**The Court has also held that an individual
charged with a criminal offence is entitled to the right to free legal assistance
without requesting for it, provided that the interest of justice so requires.
8° See § 77 above.
31 The Respondent State became a party to ICCPR on 11 June 1976.
32Alex Thomas v. United Republic of Tanzania (merits), §123; Kijiji Isiaga v. United Republic of Tanzania,
§ 72; Kennedy Owino Onyachi and Charles Mwanini Njoka v. United Republic of Tanzania § 104,
Application No. 025/2015. Judgment of 26 September 2019 (merits and reparations), Majid Goa v. United
Republic of Tanzania, AfCHPR, Application No. 025/2015. Judgment of 26 September 2019 (merits and
reparations § 69.
*Alex Thomas v. United Republic of Tanzania (merits), § 123; Mohamed Abubakari v. United Republic of
Tanzania (merits), §§ 138-139.
30