0001e0
imprisonment or such other non-capital sentence as reflects the circumstances
of the offence and the offender and the violations of his rights under the Charter.
d.
For the Court to order the Respondent State to take legislative or other remedial
measures to give effect to the Court's findings in their application to other
persons."
On reparations
"e. An order for the Respondent State not to carry out the death penalty imposed on
the Applicant and to take immediate remedial measures, by commutation or
otherwise, to effect the prompt substitution of the Applicant's sentence of death
with a sentence of life imprisonment or such other non-capital sentence as
reflects the circumstances of the offence and the offender and the violations of
his rights under the Charter and other relevant instruments.
f.
An order for the Respondent State to amend its laws in order to bring them in
line with the relevant provisions of the applicable international instruments,
including Articles 3(2),4,5 and 7 of the Charter, Articles 6(1), 7, 14(1) and 14(5)
of the ICCPR and Articles 3, 5,7 and 10 of the UDHR, by amending section 46
of the Criminal Offences Act, 1960 (Act 29) so that the death penalty is not
stipulated as the mandatory sentence for the offence of murder.
g.
An order for the Respondent State to review within six months from the date of
this judgment the sentences of all prisoners in the Respondent State who have
been mandatorily sentenced to death and to adopt remedial measures by
commutation or otherwise to ensure that such sentences are compatible with this
judgment.
h.
An order that the judgment of the Court represents a form of reparation for the
moral prejudice suffered by the Applicant as a result of the imposition of an
unlaMul mandatory death sentence and his subsequent incarceration on death
7
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