Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-272-510-510
JUDGMENT SUMMARY
not reveal non-compliance with applicable human rights standards, thus, no violation
was established.
As regards pecuniary reparations, the Court dismissed the claim for material damages
noting that the Applicants had not demonstrated the link between the material
prejudice suffered and the violations established. However, exercising its discretion in
equity, it awarded each Applicant, Tanzania Shillings One Hundred Thousand (TZS
100,000) for the moral prejudice occasioned by the violations established.
On non-pecuniary reparations, the Court dismissed the Applicants’ prayer for release,
for failure to demonstrate special and compelling circumstances.
The Court, having found violations of Articles 4 and 5 of the Charter, ordered the
Respondent State to take all necessary measures, without delay, to remove the
provision of the mandatory death sentence and hanging as a method of execution of
the death sentence from its laws. Furthermore, the Court ordered the Respondent
State to vacate the sentence, remove the Applicants from death-row and rehear their
case on sentencing through a procedure that allows judicial discretion. In addition, the
Court ordered the Respondent State to publish the judgment on the websites of the
Judiciary, and the Ministry for Constitutional and Legal Affairs within a period of three
months from the date of notification and ensure that it is accessible for one year.
Each Party was ordered to bear its own costs.
Pursuant to Article 28(7) of the Protocol and Rule 70 of the Rules, Justice Rafaâ BEN
ACHOUR issued a Dissenting Opinion on the finding on the alleged violation of the
right to be tried within a reasonable time; Justice Modibo SACKO issued a Partial
Dissenting Opinion on the amount granted as moral damages to the Applicants;
Justice Dennis D. Adjei issued a Separate Opinion on the finding on the allegation of
right to be tried within a reasonable, the legal effect of commutation of death sentence
to life sentence and the nature of reparations that may be awarded for moral damages;
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