The African Court held Tanzania violated the Applicant’s right to free legal assistance in a serious criminal case, but rejected his other Charter claims.
The African Court awarded reparations to Mgosi Mwita Makungu for delayed access to appeal records, granting compensation for material and moral prejudice, but dismissed claims by alleged indirect victims.
The Court found that the Respondent State violated the Applicant's right to free legal assistance as protected under Article 7(1)(c) of the Charter, interpreted in light of Article 14(3)(d) of the ICCPR, by failing to provide legal aid to an indigent accused facing a serious charge. The Court held that the duty to provide legal aid arises regardless of whether the accused requests it. The Court dismissed the Applicant's claims regarding the right to have his cause heard and equal protection of the law, finding that the Court of Appeal had considered his arguments and that the Applicant failed…
The Court found that while it had prima facie jurisdiction to consider the application, the Applicant failed to provide evidence of extreme gravity, urgency, or a serious risk of irreparable harm as required for the grant of provisional measures under Article 27(2) of the Protocol. The Applicant's allegations regarding the neutrality of the COS and the potential impact on the electoral process were deemed to relate to the merits of the case, which would be addressed in due course. In the absence of substantiated evidence demonstrating imminent and irreparable harm, the Court concluded that th…
The African Court reopened pleadings in Sadick Marwa Kisase v Tanzania, accepted Tanzania’s late reparations response, and allowed the applicant to reply.
Kwoyelo v Uganda (Communication 431 of 2012) [2018] ACHPR 129 (17 October 2018)
Court
African Commission on Human and Peoples Rights
Case number
Communication 431 of 2012
The African Commission found Uganda discriminated against Thomas Kwoyelo in applying its Amnesty Act and violated his fair-trial rights through an unexplained stay order and delay.
The Court found that the Respondent State violated the Applicant's right to defence under Article 7(1)(c) of the Charter by failing to provide free legal aid during his criminal trial for a serious offence, despite his indigence and the severity of the penalty. The Court held that the right to free legal aid is intrinsic to a fair trial and does not depend on a formal request by the accused. The Court dismissed the Applicant's claims regarding the right to have his cause heard and equal protection of the law, finding insufficient evidence of procedural unfairness or discriminatory treatment.…
Mouvement Ivoirien Des Droits Humains v Cote DIvoire (Communication 246 of 2002) [2008] ACHPR 88 (29 July 2008)
Court
African Commission on Human and Peoples Rights
Case number
Communication 246 of 2002
The African Commission held that Ivorian constitutional eligibility rules and immunities were discriminatory and violated the African Charter, including rights to equality, participation, and remedy.