defectiveness of the charge sheet, iv) failure to review decisions of the lower
courts, v) poor assessment of the evidence,
vi) delay in determining the
request for review.
Alleged violation of the right to legal assistance
52. The Applicant alleges that he was deprived of his right to legal assistance
during
the
trial and
appeals,
contrary
Constitution, Section 310 of CPA
18(l) of the African
to Article
13
of the Tanzanian
, and “Articles 1, 2, 3, 5, 7(1)(b), 13 and
Charter on Human
and People’s Rights”. He further
alleges that “the charge against him was a serious offence and carried a
heavy custodial sentence.”
53. The Respondent State claims, on the contrary, that, in accordance with the
Legal Aid
(Criminal
Proceedings) Act,
legal aid is provided
based
on the
request of the accused and the Applicant did not make such a request. The
Respondent State citing Article 107A of its Constitution which,
empowers
inter alia,
the national judiciary with the final decision in the dispensation
of justice in its territory, prays the Court to respect its Constitution and to
exercise restraint on the issue of legal assistance.
RE
54.The
Court
notes
that apart from
the
provisions
of Tanzanian
law,
the
Applicant cites Article 7(1)b of the Charter to support his allegation of the
violation of his right to legal assistance. For the Court, the relevant provision
for the alleged violation is Article 7(1)(c) of the Charter, which provides that:
“Every
individual
shall
have
the
right to have
his
cause
heard.
This
comprises: ... c) the right to defence, including the right to be defended by
Counsel of his choice’.
55. The Court notes that Article 7(1)(c) of the Charter does not provide explicitly
for the right to free legal assistance. Nevertheless, the Court held that Article
15