inhuman and degrading, as an alternative sentence to life
imprisonment for offenders under 18 years;
viii. Holds that the Respondent State violated the Second Applicant’s
right to defence under Article 7(1)(c) of the Charter as read
together with Article 14(3)(d) of the ICCPR, for failure to provide
the Second Applicant free legal assistance during domestic
proceedings;
ix.
Holds that the Respondent State violated the Second Applicant’s
right to a fair trial under Article 15(1) of the ICCPR by failing to
consider a more lenient sentence and imposing life imprisonment
on him;
x.
Holds that the Respondent State violated Article 17(3) of the
ACERWC as read jointly with Article 40(1) of the CRC for failing to
take into consideration, during sentencing, the age of the Second
Applicant at the time of commission of the offence.
On reparations
Pecuniary reparations
xi.
Does not grant reparations for material prejudice;
xii.
Orders the Respondent State to pay the Second Applicant the sum
of Tanzanian Shillings One Million (TZS 1,000,000) for moral
prejudice ensuing for the violations established in the present
Judgment;
xiii. Orders the Respondent State to pay the amount indicated under
subparagraph (xii) free from taxes within six (6) months, effective
from the notification of this judgment, failing which it will pay
interest on arrears calculated on the basis of the applicable rate of
the Bank of Tanzania throughout the period of delayed payment
and until the accrued amount is fully paid.
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