0008?0
years' imprisonment. ln addition, the Respondent State has not adduced any evidence
to challenge the contention that the Applicants were lay and indigent, without legal
knowledge and technical legal skills to properly defend their case in the course of their
trial and appellate proceedings. ln these circumstances, the Court is of the view that
the interests of justice warranted that the Applicants should have been provided with
free legal assistance.
79.The Court takes note of the Respondent State's contention that the Applicants were
not in any way disadvantaged for having not been given legal assistance, as they were
able to defend themselves. However, the Court observes that the Applicants do not
need
to show that the non-provision of
legal assistance occasioned some
disadvantage to them in the course of their trial and appeals at the District Court and
appellate courts. ln so far as the interests of justice required the provision of free legal
assistance and the Respondent State had failed to do afford one, its responsibility
would be engaged.
80.The Court further underscores that the Respondent State's citation of its domestic
laws requiring the provision of legal assistance is not sufficient to demonstrate that the
Applicants have in fact got the benefit of free legal assistance. The Respondent
State's contention in this regard thus lacks merit.
81. ln view the above, the Court finds that the Respondent State has violated Article 7(1)
(c) of the Charter.
G. Allegation relating to denial of right to information
82.According to the Applicants, the failure to be informed about their rights in the triat
amounts to the denial of the right to information. The Applicants argue that they were
not informed of their right to legal representation or fair trial by the national courts.
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