140. Without responding specifically respond to this allegation, the Respondent
State averred generically that the trial of the Applicant was held in
compliance with Article 3(2) of the Charter and that the Applicant was not
discriminated against in any way. Moreover, he was represented by counsel
in both his trials from the High Court to Court of Appeal.
***
141. Article 3 of the Charter guarantees the right to equal protection of the law
and to equality before the law provides as follows:
1.
Every individual shall be equal before the law.
2.
Every individual shall be entitled to equal protection of the law.
142. The Court has previously considered the issue of provision of interpretation
services and held that “even though Article 7(1)(c) of the Charter does not
expressly provide for the right to be assisted by an interpreter, it may be
interpreted in the light of Article 14(3)(a) of the ICCPR, which provides that:
“… everyone shall be entitled to … (a) be promptly informed and in detail in
a language which he understands of the nature and cause of the charge
against him; and (f) to have the free assistance of an interpreter if he cannot
understand or speak the language used in court”. 55
143. It is, therefore, evident from a joint reading of the two provisions that every
accused person has the right to an interpreter if they are unable to
understand the language in which the proceedings are being conducted.
Furthermore, this Court has held that it is practically necessary that where
an accused person is represented by Counsel, that the need for
interpretation is communicated to the Court”.56 If an Applicant does not
object to the continuance of proceedings in a language other than his own,
55
Guehi v. Tanzania, supra, § 73; Henerico v. Tanzania, supra, §§ 126-127; Yahaya Zumo Makame v.
United Republic of Tanzania, ACtHPR, Application No. 023/2016, Judgment of 25 June 2021 (merits
and reparations), § 93.
56 Makame v. Tanzania, ibid, § 93.
39