Respondent proceeded with the case against them and eventually convicted them
without counsel.
ent upon
184. Having considered all these circumstances, the Court finds that it was incumb
d
the trial magistrate and Appellate Judges to ensure that, the Applicants were provide
with legal aid. Therefore, the Respondent failed to comply with its obligations under
of
the African Charter to provide the Applicants with legal representation in respect
and
Criminal Case 002 of 2006 for which some of them were eventually convicted
sentenced to 30 years.
X.
Reparati ons
,
185. In their Application, the Applicants request reparations for the violations alleged
should the Court rule in their favour.
s
186. The Respondent on the other hand, in its oral submissions at the public hearing
to
prayed that the "Applicants should not be awarded any reparations with regard
claims and allegations made in this Application against the United Republic of
Tanzania".
ions
187. The Respondent further states that "the Applicants have never sought reparat
before the municipal Courts of the Respondent State, therefore this legal redress
cannot now be sought from the African Court, adding that, the Respondent has not
violated the provisions of the African Charter on Human and Peoples' Rights to
warrant an order for reparations, and that the Applicants have to move the Court
through a formal request for Reparations, and in this regard seeking reparations
through the Application is premature''.
ions.
188. Article 27(1) of the Protocol gives the Court powers to make orders for reparat
'
It reads as follows : "if the Court finds there has been violation of human or peoples
nt
rights, it shall make appropriate orders to remedy the violatio n includin g the payme
of fair compensation or reparation".
53
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