without charge and without having to apply for it.19 Furthermore, the
obligation to provide free legal aid to indigent persons facing serious
charges that carry a heavy penalty applies both at trial and on appeal.20
78. The Court observes that although the Applicant was charged with rape,
which is a serious offence carrying a minimum sentence of thirty (30) years’
imprisonment, a penalty that is quite severe, there is nothing on record to
indicate that he was informed of his right to legal assistance, or that, if he
could not afford such assistance, it would have been provided free of
charge. The Court further notes that the Respondent State does not dispute
that the Applicant is indigent.
79. The interests of justice impose the obligation to afford the Applicant free
legal assistance throughout the proceedings at first instance and on appeal.
80. The Court therefore finds that the Respondent State violated Article 7(1)(c)
of the Charter, read in conjunction with Article 14(3)(d) of the ICCPR, by
failing to afford the Applicant free legal assistance in the proceedings before
domestic courts.
VIII. REPARATIONS
81. The Applicant prays the Court to grant him reparations for the violations he
suffered, to vacate the conviction and sentence against him, and to order
his release.
82. The Respondent State prays the Court to dismiss the Applicant’s request
for reparations.
***
19
Thomas v. Tanzania, ibid, § 123; Isiaga v. Tanzania, ibid, § 78; Owino and Another v. Tanzania, ibid,
§§ 104 and 106.
20 Thomas v. Tanzania, ibid; Isiaga v. Tanzania, ibid; Onyachi and Another v. Tanzania, supra, § 111.
18