91. The Second Applicant on his part submits that, based on the case-law of
this Court, although the Respondent State “cannot be held responsible for
every shortcoming on the part of a lawyer appointed for legal aid purposes,
it is for the competent authorities to take steps to ensure that the Applicant
effectively enjoys the right [to counsel] in any particular circumstances.”37
He avers that State-provided attorneys in Tanzania are paid the equivalent
of Thirty United States Dollars ($ 30) USD, which is not even enough to
cover the cost of travel to the prison.
92. The Second Applicant further argues that he was significantly less culpable
because witnesses observed that he was unarmed, and the proof against
him was weaker. He asserts that an enterprising advocate would have
exploited the relative differences in culpability and strength of evidence
between the two co-accused to secure an acquittal, a lesser charge or a
lesser sentence. However, his lawyer, having the same ethical obligation in
respect of the first Applicant, was unable to present a vigorous defence. He
surmises that in Abubakari v. Tanzania, the Court found a violation of the
Charter when the domestic court did not push for further investigation into a
conflict of interest that may “have affected the impartiality of the
prosecution”.
*
93. The Respondent State on its part submits that the Applicants were afforded
legal representation as reflected in the proceedings of the trial and
furthermore, represented by two different Advocates one at the preliminary
hearing and the other during the trial.
***
37
Ghati Mwita v. United Republic of Tanzania, ACtHPR, Application No. 012/2019, Judgment of 1
December 2022 (judgment), §§ 122-123; Henerico v. Tanzania (merits and reparations), supra, § 106109 and African Commission on Human and Peoples’ Rights v. The Republic of Libya (merits) (3 June
2016) 1 AfCLR 153, § 93.
28