record shows that there was any objection raised before the national courts
relating to whether these counsels carried out their duties to the detriment
of the Applicant’s right to defence.36
99. The Court, therefore, finds that the Respondent State did not violate Article
7(1)(c) of the Charter.
100. Having held that the Respondent State did not violate the rights of the
Applicant, the Court notes, from the record, that the Applicant was
mandatorily sentenced to death. The Court, in the circumstances reiterates
its finding in its previous cases37 that the mandatory death penalty is a
violation of the right to life among other rights in the Charter and should thus
be expunged from the laws of the Respondent State.
VIII. REPARATIONS
101. The Court notes that Article 27(1) of the Protocol stipulates that “[i]f the
Court finds that there has been violation of a human or peoples’ right, it shall
make appropriate orders to remedy the violation, including the payment of
fair compensation or reparation.”
102. The Applicant prays for an order that he be paid compensation for the period
of his incarceration to be assessed on the basis of “the national ratio of a
citizen’s income per year”. He also prays the Court to order his release to
repair the prejudice he suffered due to the Respondent State not affording
him the counsel of his choice.
103. The Respondent State did not respond to the Applicant’s submissions on
reparations despite being served with the said submissions on 20 August
36
Evodius Rutechura v. United Republic of Tanzania, ACtHPR, Application No. 004/2016, Judgment of
26 February 2021 (merits and reparations), § 75.
37 Ally Rajabu and Others v. United Republic of Tanzania (merits and reparations) (28 November 2019)
3 AfCLR 539, §§ 104-114. See also, Amini Juma v. United Republic of Tanzania, ACtHPR, Application
No. 024/2016, Judgment of 30 September 2021, §§ 120-131; Gozbert Henerico v. United Republic of
Tanzania, ACtHPR, Application No. 056/2016, Judgment of 10 January 2022, § 160.
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