legal assistance should be effective even though provided under a stateorganised legal scheme.22 In particular, the Court has previously held that
effective representation should be one that provides counsel with sufficient
time and means to prepare an adequate defence at all stages right from the
arrest of the individual, without any interference.23 However, the quality of
defence and nature of instructions between the client and counsel is not
within the responsibility of the Respondent State which may intervene only
when manifest failures are brought to its attention.24 Given that the Applicant
was provided with counsel appointed by the Respondent State, the relevant
issue is whether the said assistance was effective.
92. As it emerges from the record that, while the Applicant avers that his lawyers
only met with him very briefly on two occasions prior to his trial, he was
represented during the conviction and sentencing proceedings both before
the trial and appeal courts. Furthermore, and in respect of the submission
that lack of time did not permit counsel to investigate his personal, social
and health history, the Applicant does not adduce evidence that authorities
of the Respondent State restrained counsel in any manner. In any event,
the Applicant does not demonstrate a case of failure by the Respondent
State to consider a request for more time before and after the
commencement of the proceedings. Notably, the fact that the trial was
delayed by more than six (6) years, and requests were made by the lawyers
for expedited proceedings, presented an opportunity for counsel to seek for
time and means to undertake greater and more thorough investigation as
they wished. In such circumstances, this Court considers that the allegation
is not sufficiently substantiated, and, therefore, dismisses the same.
93. The Applicant also claims that the second appointed counsel lacked the
experience and specialisation to adequately represent him because he
22
Gozbert Henerico v. Tanzania (merits and reparations) §§ 107-114; Amini Juma v. Tanzania, op. cit.,
§§ 91-98.
23 Gozbert Henerico v. Tanzania (merits and reparations), § 109.
24 Ibid, § 108.
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