91. In these circumstances, the Court considers that the period to finalise the
Applicant’s trial cannot be found to be unreasonable and, therefore, holds
that the Respondent State did not violate Article 7(1)(d) of the Charter.
ii. Alleged violation of the right to legal representation
92. The Applicant claims that he was prejudiced because he was not was not
provided with legal representation in the proceedings before the courts of
the Respondent State in violation of Article 7(1)(c) of the Charter.
*
93. The Respondent State disputes this allegation and argues that free legal
representation in the Respondent State is mandatory only for specific
offences, including treason, manslaughter and murder. For all other
offences, legal aid is upon application by an incumbent. The Respondent
State submits that the Applicant never applied for legal aid and claims that
if the Applicant required legal representation, he should have applied for
such from the State or from Non-Governmental Organizations which provide
legal assistance to an incumbent who requires legal assistance.
***
94. 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.”
95. 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),28 and determined that the right to defence includes the right to be
provided with free legal assistance.29
28
The Respondent State became a State Party to the ICCPR on 11 June 1976.
Thomas v. Tanzania (merits), supra, § 114; Kijiji Isiaga v. Tanzania (merits) (21 March 2018) 2 AfCLR
218, § 72; Onyachi and Another v. Tanzania (merits), supra, § 104.
29
23