By a majority of eight (8) Judges for; and two (2) Judges against,
viii. Holds that the Respondent State violated the Applicants’ right to lilfe
protected under Article 4 of the Charter by reason of imposition of
the mandatory death penalty;
ix. Holds that the Respondent State violated the Applicants’ right to
dignity protected under Article 5 of the Charter by prescribing
hanging as a method for implementing the death penalty.
Unanimously,
On reparations
Pecuniary reparations
x. Dismisses the Applicants’ prayer for reparations for material
prejudice;
xi. Dismisses the prayer for reparations on behalf of indirect victims;
xii. Orders the Respondent State to pay each of the Applicants the sum
of Tanzanian Shillings Three Hundred Thousand (TZS 300,000) as
damages for the moral prejudice suffered;
xiii. Orders the Respondent State to pay the amount indicated under
subparagraph (ix) 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.
Non-pecuniary reparations
xiv. Dismisses the Applicants’ prayer for release from prison;
xv. Orders the Respondent State to take all necessary constitutional
and legislative measures, within six (6) months of notification of this
40