Applicant from the time of arrest until his conviction as read together
with Article 9(3) of the ICCPR;
viii. Holds that the Respondent State violated the Applicant’s right to
free legal assistance provided for under Article 7(1)(c) of the Charter
as read together with Article 14(3)(d) of the ICCPR.
On reparations
On pecuniary reparations
ix. Awards the Applicant the sum of Tanzanian Shillings Three
Hundred Thousand (TZS 300,000) for moral damage;
x. Orders the Respondent State to pay the amount set out under (x)
above, tax free, as fair compensation, within six (6) months from the
date of notification of Judgment, failing which, it will be required to
pay interest on arrears calculated on the basis of the applicable rate
of the Bank of Tanzania throughout the period of delayed payment
until the accrued amount is fully paid.
On non-pecuniary reparations
xi. Dismisses the Applicant’s prayers for release;
xii. Orders the Respondent State to take all the necessary measures,
within three (3) years of the notification of this Judgment, for the
amendment of Section 148 (5) of its Criminal Procedure Act to
entrench the discretion of the judicial officer in considering bail in
line with paragraph (vii) of this Operative Part;
xiii. Orders the Respondent State to publish this Judgment, within a
period of three (3) months from the date of notification, on the
websites of the Judiciary, and the Ministry for Constitutional and
Legal Affairs, and ensure that the text of the Judgment is accessible
for at least one (1) year after the date of publication;
xiv. Orders the Respondent State to submit to it, within six (6) months
from the date of notification of this Judgment, a report on the status
of implementation of the orders set forth herein and thereafter,
37