Unanimously:
On Jurisdiction
i.
Dismisses the objection to its jurisdiction.
ii.
Declares that it has jurisdiction.
On Admissibility
iii. Dismisses the objections to the admissibility of the Application;
iv. Declares the Application admissible.
On Merits
v.
Finds that the Respondent State has violated the right to life
protected under Article 4 of the Charter in relation to the provision in
its Penal Code for the mandatory imposition of the death penalty as
it removes the discretion of the judicial officer;
vi. Finds that the Respondent State has violated the Applicant’s right to
be tried without undue delay protected under Article 7(1)(d) of the
Charter;
vii. Finds that the Respondent State has violated the Applicant’s right not
to be subjected to inhuman and degrading treatment protected under
Article 5 of the Charter in relation to the lengthy pre-trial detention,
detention in the death row, and confinement.
On Reparations
Pecuniary reparations
viii. Grants Tanzanian Shillings Seven Million (TZS 7,000,000) to the
Applicant for moral damage that ensued from the violations found;
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