000185
This Court has held in the past that "...general statements to the effect that a
right has been violated are not enough. More substantiation is required".lo
58.The Court further notes that nothing suggests that the Court of Appeal,s
assessment of the evidence was manifestly erroneous. Therefore, the Court
holds that the alleged violation has not been proven and accordingly dismisses
it.
ii.
AIIeged violation of the right to legal aid
59. The Applicant submits that "... he was not afforded legal representation, he was
deprived of his right to have his cause heard", which had a prejudicial effect on
him and that ... "such a position constitutes a violation of his fundamental rights
as set forth in Article 7(1Xc) and (d) of the Charter, and also in Articles 1 and
107A(2)(b) of the Tanzanian Constitution."
60.He challenges the Respondent State's arguments, admits that he,,... never
asked for legal aid", and that domestic law provisions on legal aid "... does not
provide for a procedure or directives on how to seek legal aid."
61. The Respondent State refutes the Applicant's allegations that its domestic law
does not provide for a procedure as to how to seek legal aid, and requests proof
in that regard. lt contends that legal aid is provided in Section 310 of the
Tanzanian Criminal Procedure Act, Section 3 of the Legal Aid Act and Rute
31(1) of the Court of Appeal Rules, 2009.
62.
lt
further contends that, at any rate, the competent judicial authority applies
for legal aid on behalf of the defendant, where required, provided the following
conditions have been met: the defendant must be indigent and unable to pay
lawyer's fees; and whether the interests of justice so demand.
10
Alex Thomas v. Tanzania Judgment, op cit., para. 140
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