71. In conclusion, the Respondent State asserts that it is committed to the
protection of human rights as provided for under the Charter. To this end, it
has undertaken and adopted legislative measures, including the enactment
of the Legal Aid (Criminal proceedings) Act Cap 21 of the Laws providing
for free legal aid in criminal proceedings involving indigents, which was
enacted at the time the criminal case was filed against the Applicant.
***
72. According to Article 7(1)(c) of the Charter, the right to have one’s cause
heard includes “the right to defence, including the right to be defended by
counsel of [their] choice.”
73. The Court has interpreted Article 7(1)(c) of the Charter in light of Article
14(3)(d) of the International Covenant on Civil and Political Rights
(ICCPR),19 and determined that the right to defence includes the right to be
provided with free legal assistance.20
74. The Court has also previously determined that where accused persons are
charged with serious offences which carry heavy sentences and they are
indigent, free legal assistance should be provided as of right, whether or not
the accused persons request for it.21 The Court has also held that, the
obligation to provide free legal assistance to indigent persons facing serious
charges which carry a heavy penalty is for both the trial and appellate
stages.22
75. The Court observes that the Applicant, who is a foreigner, faced a serious
charge of rape which carries a heavy penalty of thirty-year (30) minimum
prison sentence. The record of proceedings indicates that the Applicant was
19
The Respondent State became a State Party to the ICCPR on 11 June 1976.
Thomas v. Tanzania (merits), supra, § 114; Kijiji Isiaga v. United Republic of Tanzania (merits) (21
March 2018) 2 AfCLR 218, § 72; Onyachi and Another v. Tanzania (merits), supra, § 104.
21 Thomas v. Tanzania, ibid, § 123; Isiaga v. Tanzania, ibid, § 78; Onyachi and Another v. Tanzania,
ibid, §§ 104 and 106.
22 Thomas v. Tanzania, ibid, § 124; Wilfred Onyango Nganyi and 9 Others v. United Republic of
Tanzania (merits) (18 March 2016) 1 AfCLR 507, § 183.
20
19
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