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 50

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