00Qlss: criminal offence is automatically entitled to the right of free legal aid, even if the individual has not requested for it, whenever the interests of justice so require, in particular, if he/she is indigent, if the offence is serious and if the penalty provided by the law is severe.11 69. !n the instant case, the contention that the Applicant was not afforded free legal aid throughout his trial is not in dispute. Given that the Applicant was convicted of a serious crime, that is, rape, carrying a severe punishment of thirty (30) years, there is no doubt that the interests of justice would warrant free legal aid provided that the Applicant did not have the means to pay for the services of a lawyer. ln this regard, the Respondent State does not contest the indigence of the Applicant nor does it argue that he was financially capable of hiring Counsel. It is clear in the circumstances that the Applicant should have been provided with free legal aid. The fact that he did not request for it does not exonerate the Respondent State from its responsibility to provide him with free Iegal aid. 70.As regards the allegations concerning the margin of discretion that the Respondent State should be given in the implementation of the right to legal aid, the non-absolute nature of the right to legal aid and the lack of financial means to offer legal aid to all persons charged with crimes, the Court holds that these allegations are no longer relevant in this instant case, given that the conditions for the compulsory grant of legal aid are all fulfilled. 71.The Court therefore finds that the Respondent State has violated Articles 7 (1) (c) of the Charter. B. Alleged violation of the right to equal protection of the law 72.The Applicant submits that, although he filed his application for review before the Court of Appeal and provided all the materials and evidence to corroborate the same, the application was not scheduled for hearing, whereas other applications filed subsequently were registered, set down for hearing and determined 11 lbid. para.123, see also Mohamed Abubakariv. Tanzania Judgment, op. clf., paras 16 ;% 9