Wakilii

Wanjara and Others v United Republic of Tanzania

African Court on Human and Peoples' Rights · [2020] AfCHPR 18 · 2020 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging violations of rights during domestic criminal proceedings in Tanzania
Decision
Application partly allowed; violation of right to free legal assistance found; monetary compensation awarded; prayer for release dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights held that Tanzania violated the Applicants' right to free legal assistance under Article 7(1)(c) of the African Charter, read with Article 14(3)(d) of the ICCPR, by failing to provide them with legal representation during their trial and second appeal despite the serious nature of the charges and their indigence. The Court found no violation regarding the legality of the thirty-year sentence for armed robbery or the domestic courts' assessment of evidence. The Court awarded each Applicant TZS 300,000 as compensation but dismissed their prayer for release from prison.

Outcome

Application partly allowed; violation of right to free legal assistance found; monetary compensation awarded; prayer for release dismissed

Facts

On 31 March 2001, the five Applicants were arrested and charged with armed robbery and unlawfully causing grievous harm. On 26 October 2001, the District Court at Magu convicted and sentenced each to thirty years imprisonment for armed robbery and twelve months for grievous bodily harm, to run concurrently. The Applicants appealed to the High Court at Mwanza, which dismissed their appeal on 3 June 2003. They then appealed to the Court of Appeal at Mwanza, which dismissed their appeal on 27 February 2006. The Applicants subsequently attempted to trigger review proceedings before the Court of Appeal, but these applications were struck out on 11 March 2013 and 9 May 2014. The Applicants were not provided with free legal assistance during their trial or their second appeal, though they were represented during their first appeal to the High Court. At the time of filing the Application before the African Court, the Applicants had been in custody since 31 March 2001, serving their thirty-year sentences.

Issues

  1. Whether the Respondent State violated the Applicants' right to free legal assistance under Article 7(1)(c) of the African Charter on Human and Peoples' Rights.
  2. Whether the sentence of thirty years imprisonment for armed robbery was lawful under Tanzanian law and consistent with Article 7(2) of the African Charter.
  3. Whether the evidence relied upon to convict the Applicants was properly analysed by the domestic courts in accordance with fair trial standards under Article 7(1) of the African Charter.

Orders

  • Dismissed the objection to material jurisdiction.
  • Declared that the Court has jurisdiction.
  • Dismissed the objections on admissibility.
  • Declared that the Application is admissible.
  • Found that the Respondent State has not violated Article 7 of the Charter as regards the treatment of evidence during trial.
  • Found that the Respondent State has not violated Article 7(2) of the Charter as regards the sentence of thirty years imprisonment for armed robbery.
  • Found that the Respondent State violated Article 7(1)(c) of the Charter, read with Article 14(3)(d) of the ICCPR, by failing to provide free legal assistance.
  • Did not grant reparations for material loss of income or legal costs.
  • Ordered the Respondent State to pay each Applicant TZS 300,000 free from tax as compensation within six months, failing which interest shall accrue at the Central Bank of Tanzania rate.
  • Did not grant reparations for moral prejudice to alleged indirect victims.
  • Dismissed the Applicants' prayer for release from prison.
  • Ordered the Respondent State to submit implementation reports to the Court within six months and thereafter every six months until full implementation.
  • Ordered each party to bear its own costs.

Rules and key headnotes

Right to Free Legal Assistance — Serious Criminal Charges — Indigent Accused
An individual charged with a serious criminal offence carrying a severe penalty is entitled to free legal assistance even if he or she does not specifically request it, provided that the interests of justice so demand, particularly where the accused is indigent and lacks legal knowledge and technical legal skills to properly conduct the case in person.
Exhaustion of Local Remedies — Extraordinary Remedies — Constitutional Petition and Review
An applicant is only required to exhaust ordinary judicial remedies before seizing an international human rights court. Constitutional petitions and review proceedings before a Court of Appeal, as framed in Tanzania's judicial system, are extraordinary remedies that an applicant is not required to exhaust prior to seizing the African Court on Human and Peoples' Rights.
Admissibility — Reasonable Time — Computation from Date of Declaration
The computation of the reasonableness of time within which an application should be filed before the African Court must commence from the date when the Respondent State deposited its Declaration under Article 34(6) of the Protocol, as this is the earliest time that applicants could have brought their application after exhausting ordinary local remedies. Factors such as imprisonment, use of extraordinary remedies, and being lay without legal assistance are relevant in determining reasonableness.
Material Jurisdiction — Appellate Function — Review of Domestic Proceedings
The African Court on Human and Peoples' Rights does not exercise appellate jurisdiction with respect to claims already examined by national courts. However, the Court retains the power to assess the propriety of domestic proceedings against standards set out in international human rights instruments ratified by the State concerned. In conducting this function, the Court does not sit as an appellate court but examines procedures and processes before national courts to determine whether they conform to Charter standards.
Evidence — Assessment by Domestic Courts — Limited Review by International Court
Domestic courts enjoy a wide margin of appreciation in evaluating the probative value of particular evidence. An international human rights court cannot take up this role from domestic courts and investigate the details and particularities of evidence used in domestic proceedings. The international court intervenes in the assessment of evidence only if such domestic assessment resulted in a miscarriage of justice, and its role is limited to determining whether the manner in which evidence was evaluated conforms to relevant provisions of applicable international human rights instruments.
Reparations — Restitution — Release from Prison — Special and Compelling Circumstances
The quashing of a sentence and the release of an applicant may be ordered by the African Court only in special and compelling circumstances, warranted where the violation found was such that it necessarily vitiated the conviction and sentence. This would be the case if an applicant sufficiently demonstrates or the Court establishes that the applicant's arrest or conviction is based entirely on arbitrary considerations and that continued imprisonment would occasion a miscarriage of justice. A violation of the right to free legal assistance alone, without other findings vitiating the conviction, does not warrant release.
Reparations — Moral Prejudice — Quantum Assessment — Lump Sum Awards
In cases of human rights violations, moral prejudice is presumed and the assessment of quantum must be undertaken in fairness looking at the circumstances of the case. The causal link between the wrongful act and moral prejudice can result from the human rights violation as a consequence thereof, without a need to establish causality as such. The practice of the African Court is to award lump sums for moral loss, with the quantum determined on a case-by-case basis considering factors such as the nature of the violation and any special or exceptional circumstances.

Legislation cited (11)

  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 7(2)
  • International Covenant on Civil and Political Rights Article 14(3)(d)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 27(1)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
  • Constitution of the United Republic of Tanzania 1977 Article 13(6)(c)
  • Penal Code of Tanzania s.285
  • Penal Code of Tanzania s.286
  • Minimum Sentences Act 1972 (Tanzania)
  • Legal Aid (Criminal Proceedings) Act 1969 (Tanzania)

Cases cited (20)

  • Andrew Ambrose Cheusi v United Republic of Tanzania (Application No. 004/2015)
  • Kalebi Elisamehe v United Republic of Tanzania (Application No. 028/2015)
  • Armand Guehi v United Republic of Tanzania (Application No. 001/2015)
  • Alex Thomas v United Republic of Tanzania (Application No. 005/2013)
  • Mohamed Abubakari v United Republic of Tanzania (Application No. 007/2013)
  • Christopher Jonas v United Republic of Tanzania (Application No. 011/2015)
  • Ingabire Victoire Umuhoza v Republic of Rwanda (Application No. 003/2014)
  • African Commission on Human and Peoples' Rights v Republic of Kenya (Application No. 006/2012)
  • Wilfred Onyango Nganyi and 9 Others v United Republic of Tanzania (Application No. 006/2013)
  • Kennedy Owino Onyachi and another v United Republic of Tanzania (Application No. 003/2015)
  • Jibu Amir alias Mussa and another v United Republic of Tanzania (Application No. 014/2015)
  • Ally Rajabu and others v United Republic of Tanzania (Application No. 007/2015)
  • Norbert Zongo and Others v Burkina Faso (Application No. 013/2011)
  • Lohe Issa Konate v Burkina Faso (Application No. 004/2013)
  • Reverend Christopher R. Mtikila v United Republic of Tanzania (Application No. 011/2011)
  • Lucien Ikili Rashidi v United Republic of Tanzania (Application No. 009/2015)
  • Kijiji Isiaga v United Republic of Tanzania (Application No. 032/2015)
  • Anaciet Paulo v United Republic of Tanzania (Application No. 008/2015)
  • Minani Evarist v Tanzania (Application No. 024/2015)
  • Michael Majuru v. Republic of Zimbabwe

Full judgment

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Wanjara and Others v United Republic of Tanzania [2020] AfCHPR 18 (25 September 2020)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.