***
72. Under Article 7(1)(c) of the Charter, the right to have one’s cause heard
includes “the right to a defence, including the right to be assisted by counsel
of one’s own choosing”.
73. In its jurisprudence, 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),17 and determined that the right to defence includes the right
to be provided free legal assistance.18
74. The Court also found that anyone charged with a serious offence,
punishable by a heavy sentence, is entitled to have legal representation free
of charge and without having to apply for it.19 Furthermore, the obligation to
provide free legal assistance to indigent persons facing serious charges and
facing a heavy sentence applies both at trial and on appeal.20
75. The Court notes that although the Applicant was charged with armed
robbery, a serious offence punishable by a minimum sentence of thirty (30)
years’ imprisonment, there is no indication in the record that he was
informed of his right to free legal assistance. Furthermore, the Applicant was
not informed that he could access free legal assistance even if he could not
afford it. The Court further notes that the Respondent State does not dispute
that the Applicant is indigent.
17
The Respondent State became a State Party to the ICCPR on 11 June 1976.
Alex Thomas v. United-Republic of Tanzania (merits), § 114; Kijiji Isiaga v United Republic of Tanzania
(merits) (21 March 2018) 2 AfCLR 226, § 78; Kennedy Owino Onyachi and Another v. United Republic
of Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 104.
19 Thomas v. Tanzania, supra, § 123; Isiaga v. Tanzania, supra, § 78; Onyachi and Another v. Tanzania,
supra, §§ 104 and 106.
20 Stephen John Rutakikirwa v. United Republic of Tanzania, ACtHPR, Application No. 013/2016,
Judgment of 24 March 2022 (merits and remedies), § 70; Thomas v. Tanzania, supra, § 123; Isiaga v.
Tanzania, supra, § 78; Onyachi and Another v. Tanzania, supra, § 111.
18
18