Have his cause heard (fair trial)

Nguza v United Republic of Tanzania (Application No. 006/2015) [2018] AfCHPR 7; (23 March 2018)

The Court considered whether the Respondent State violated, inter alia, the fair trial rights of the Applicants during the conduct of criminal trial proceedings against them (Art 7 African Charter on Human and Peoples' Rights).

The Court held that the Respondent State violated the Applicants’ right to defence (Art 7(c) Charter) on two grounds, being (i) the rejection of a request to be medically tested on an issue related to his capacity to commit the offence, and (ii) the denial of access to the prosecution’s witness’ statements and the opportunity to cross-examine witnesses. The Court ordered the Respondent State to take all necessary measures to restore the Applicants’ rights; their prayer to be released from prison having become moot due to a presidential pardon.


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