On merits
v.
Holds that the Respondent State did not violate the Applicant’s
right to equality and equal protection before the law as provided
for in Article 3 of the Charter;
vi.
Holds that the Respondent State did not violate the Applicant’s
right to a fair trial as provided in Article 7 of the Charter;
vii.
Holds that the Respondent State did not violate the Applicant’s
right to enjoy family life as provided under Article 18 of the Charter;
viii. Holds that the Respondent State did not violate the Applicant’s
right to free movement provided under Article 12 of the Charter;
By a majority of eight Judges for, and two Judges against, Judges Blaise
TCHIKAYA and Dumisa B. NTSEBEZA dissenting on the issue of the
death penalty;
ix.
Holds that the Respondent State violated the Applicant’s right to
life under Article 4 of the Charter due to the mandatory imposition
of the death penalty;
x.
Holds that the Respondent State violated the Applicant’s right to
dignity under Article 5 of the Charter by reason of prescribing
hanging as a method for execution of the death penalty.
Unanimously
On reparations
On pecuniary reparations
xi.
Dismisses the Applicant’s claims for pecuniary reparations;
xii.
Grants the Applicant’s prayer for damages for the moral prejudice
he suffered and awards him the sum of Three Hundred Thousand
Tanzania Shillings (TZS 300,000);
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