vii.
Holds that the Respondent State has not violated the Applicant's right to a fair
trial under Article 7(1) of the Charter in terms of the alleged irregularities in the
visual
identification,
and
the
denial
of the
opportunity
to challenge
je
the
prosecution's evidence and the alibi defence;
iis
vill.
Holds that the Respondent State has violated the Applicant's right to afair trial,
provided
under Article 7(1)(c) of the Charter,
as read together with Article
he
14(3)(d) of the ICCPR by failing to provide him with free legal assistance;
ar
Holds that the Respondent State has violated the Applicant's right to be tried
within a reasonable time as regards Criminal Appeal No 58/2006 examined by
the High Court of Tanzania in Dar es Salaam, contrary to Article 7(1)(d) of the
Charter;
On reparations
Pecuniary reparations
x.
Does not grant the Applicant's prayer for damages arising from material loss of
income, loss of life plan, financial losses incurred by himself and his wife, and
for legal costs incurred in the proceedings before the domestic courts;
xi.
Does not grant the Applicant’s prayer for damages for moral prejudice suffered
by his wife, mother, sisters, and brothers;
xii.
Grants the Applicant's prayer for reparation for the prejudice suffered as a
result of the violations found and awards him the sum of Tanzanian Shillings
Five Million Seven Hundred and Twenty Five Thousand (TZS 5, 725,000);
xiii.
Orders
the
Respondent
compensation,
within
State
to
pay
the
six (6) months from
above
the
sum
date
tax
free
as
of notification
a fair
of this
judgment, failing which, it will be required to pay interest on arrears calculated
51