ix.
Holds that the Respondent State violated the Applicant’s right to
life protected under Article 4 of the Charter in relation to the
mandatory imposition of the death penalty by failing to allow the
judicial officers discretion to take into account the nature of the
offence and the circumstances of the offender;
x.
Holds that the Respondent State violated the Applicant’s right to
dignity and not to be subjected to cruel, inhuman or degrading
punishment and treatment protected under Article 5 of the Charter
in relation to the imposition of the death penalty by hanging.
Unanimously,
On reparations
Pecuniary reparations
xi.
Does not grant reparations for material prejudice;
xii.
Grants the Applicant’s prayer for reparation for moral prejudice
suffered and awards him the sum of Tanzanian Shillings Three
Hundred Thousand (TZS 300,000);
xiii. Orders the Respondent State to pay the sum ordered in (xii) free
from tax as fair compensation to be made within six (6) months
from the date of notification of this Judgment, failing which it will
be required to pay interest on arrears calculated on the basis of
the applicable rate of the Central Bank of Tanzania throughout the
period of delayed payment until the amount is fully paid.
Non-pecuniary reparations
xiv. Does not grant the Applicant’s prayer for release;
xv.
Orders the Respondent State to revoke the death sentence
imposed on the Applicant and remove him from death row;
xvi. Orders the Respondent State to take all necessary measures,
within six (6) months from the notification of this Judgment to
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