viii. 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;
ix.
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
x.
Dismisses the Applicant’s claims for pecuniary reparations;
xi.
Grants the Applicant damages for the moral prejudice he suffered
and awards him the sum of Tanzanian Shillings Three Hundred
Thousand (TZS 300,000);
xii.
Orders the Respondent State to pay the sum awarded under (xi)
above, free from tax as fair compensation to be made within six
months from the date of notification of this Judgment, failing which
it will be required to pay interest on arrears calculated on the basis
of the applicable rate of the Central Bank of Tanzania throughout
the period of delayed payment until the amount is fully paid.
On non-pecuniary reparations
xiii. Dismisses the Applicant’s prayer for the quashing of his
conviction;
xiv. Orders the Respondent State to revoke the mandatory death sentence
imposed on the Applicant and remove him from death row;
xv.
Orders the Respondent State to immediately, take all necessary
steps, within six months, to remove the mandatory the death
penalty from its Penal Code as it impinges on the discretion of the
judicial officers in imposing sentences;
35