D) Ifte allegation that the Respondent violated Adicle 'l of the
Charter
86. ln the Application, it is alleged in general terms that the Respondent violated
Article 1 of the Charter. The Respondent did not fiake any submission on
this allegation.
87.
Article 1 of the Gharter provides that: "The Member States of the Organisation of
African Unity, parties to the present Charter shall recognize the rights, duties and
freedoms enshrined in the Charter and shall undertake to adopt legislative or other
measures to give effect to them".
BB.
The Court has found that the Respondent violated Article 7(1) (c) of the
Charter for failing to avail the Applicant with free legal assistance. lt therefore
reiterates its decision in Alex Thomas v. the United Republic of Tanzanla. ln
that Matter, the Courtnoted that "...when the Courtfinds that any of the rights,
duties and freedoms set out in the Charter are curtailed, violated or not being
achieved, this necessarily means that the obligation set out under Article 1 of the
Charter has not been complied with and has been violated."ll
89.Having established that the Appticant was denied his right to free legal
assistance, in violation of Article 7(1) (c) of the Charter, the Court finds that
the Respondent consequently violated its obligation under Article 1 of the
Charter"
VII. ON REPARATIONS
90.|n the Application, the Court is requested to; (i) restore the Applicant's rights,
(ii) annul the guilty verdict and the punishment imposed on him, (iii) order his
release from detention, and (iv) order that reparations be made for all the
human rights violations established.
11Alex Thomas v. United Republic
November, 2015, paragraph 135.
of Tanzania (Application No. 005/20 { liiu
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