discontent regarding representation by counsel. In view of these
considerations, the Court dismisses this allegation.
96. Lastly, regarding the Applicant’s allegation that his lawyer failed to object to
evidence adduced against him by the Respondent State, the Court
observes that the allegation relates to the counsel not raising or objecting
to certain evidentiary issues in relation to his defence. The Court notes that
there is nothing on record to demonstrate that the Respondent State
impeded the counsel from accessing the Applicant in order to consult and
prepare for his defence. The Court holds that it was not up to the domestic
courts to conduct the Applicant’s defence hence these matters should not
be imputed on the Respondent State. The Court holds that the State should
intervene only where counsel’s manifest failure to provide effective
representation is brought to its attention. In view of the above, the Court
dismisses this allegation.
97. In light of the foregoing, the Court holds that the Respondent State
discharged its obligation to provide the Applicant with effective free legal
assistance. The Court, therefore, finds that the Respondent State has not
violated Article 7(1)(c) of the Charter regarding the right to defence.
b. On the failure to provide an interpreter during arrest and trial
98. The Applicant alleges that the Respondent State violated his right to
defence by failing to provide him with an interpreter both during arrest and
trial. It is the contention of the Applicant that despite the fact that the police
could not speak Kirundi, his native tongue, they purported to communicate
with him by speaking a similar language, which is Kiha. He avers that no
interpreter was provided to assist him in the preparation or review of his
purported statement of answers to the police during interrogation and that
the statement was written in Kiswahili, a language that he did not speak or
understand. As a consequence of these failings, the Applicant avers, he
discovered subsequently that the statement he had purported to give the
police did not reflect the evidence he had given. He also submits that he
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