ix. Holds that the Respondent State violated the Applicant’s right to a fair trial, protected under Article 7(1)(d) of the Charter with regard to the right to be tried within a reasonable time; By a majority of eight (8) Judges for and two Judges (2) against, Justices Blaise TCHIKAYA and Dumisa B. NTSEBEZA dissenting x. Holds that the Respondent State has 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 judicial officers discretion to take into account the nature of the offence and the circumstances of the offender; xi. Holds that the Respondent State has 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, xii. Holds that the Respondent State has violated the Applicant’s right to dignity and not to be subjected to inhuman and degrading treatment protected under Article 5 of the Charter in relation to detention on death row, and deplorable conditions. On reparations Pecuniary reparations xiii. Does not grant reparations for material prejudice; xiv. Grants Tanzanian Shillings Three Hundred Thousand (TZS 300,000) to the Applicant for moral damage; xv. Orders the Respondent State to pay the amount indicated under subparagraphs (xiv) free from taxes within six (6) months, effective from the notification of this judgment, failing which it will 62