151. ln view of all of the above, and taking into account other similar cases
involving the Respondent State,75 the Court awards the Applicant the sum
of Three Hundred Thousand Shillings (TZS 300,000) as moral damages.
B. Non-pecuniary reparations
152. The Applicant prays the Court to order the Respondent State to revoke the
death sentence, remove him from death row and release him from prison.
He also prays for the Court to order the Respondent State to amend the
provision of its law on the mandatory death sentence to ensure respect for
life.
153. The Respondent State on its part prays the Court to order that all reliefs
sought by the Applicant should be denied.
i.
Amendment of the law to ensure respect for life and dignity
154. The Applicant prays the Court to order the Respondent State to amend its
laws to ensure respect for the right to life.
155. The Court recalls its position in previous judgments dealing with the
mandatory imposition of the death penalty where it has ordered the
Respondent State to undertake all necessary measures to remove from its
Penal Code the provision for the mandatory imposition of the death
sentence.76 The Court notes that to date it has issued several identical
orders for the removal of the mandatory death penalty which were delivered
in 2019, 2021, 2022, and 2023; yet, as at the date of the present judgment,
the Court does not have any information to the effect that the Respondent
State has implemented the said orders.
75
Crospery Gabriel and Another v. United Republic of Tanzania, ACtHPR, Application No. 050/2016,
Judgment of 13 February 2024 (merits and reparations), § 153; Romward William v. United Republic of
Tanzania, ACtHPR, Application No. 030/2016, Judgment of 13 February 2024 (merits and reparations),
§ 86.
76 Mwita v. Tanzania (judgment), supra, § 166; Msuguri v. Tanzania (merits and reparations), ibid, §
128; Henerico v. Tanzania (merits and reparations), supra, § 207 and Juma v. Tanzania (judgment),
supra, § 170.
43
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