(8) years that the Applicant spent on death row prior to the commutation of
his sentence.
194. In light of these considerations, and based on its discretion, the Court
awards the Applicant moral damages in the sum of Tanzanian Shillings
Three Hundred Thousand (TZS 300,000).
B. Non-pecuniary reparations
195. The Applicant prays the Court to order the Respondent to release him from
prison or in the alternative grant him a retrial.
196. The Court notes that, although none of the Parties make such prayers, its
findings in the present Judgment in respect of the mandatory death
sentence and “hanging” as a method of execution thereof require a
determination as to the measures that may be needed to address these
issues. This is done prior to considering the Applicant’s prayers in respect
of non-pecuniary reparations.
i.
Amendment of the law to ensure respect for life and dignity
197. 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.90 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.
90
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.
55
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