On merits v. Holds that the Respondent State did not violate the Applicant’s right to equality and equal protection before the law as provided for in Article 3 of the Charter; vi. Holds that the Respondent State did not violate the Applicant’s right to a fair trial as provided in Article 7 of the Charter; vii. Holds that the Respondent State did not violate the Applicant’s right to enjoy family life as provided under Article 18 of the Charter; viii. Holds that the Respondent State did not violate the Applicant’s right to free movement provided under Article 12 of the Charter; By a majority of eight Judges for, and two Judges against, Judges Blaise TCHIKAYA and Dumisa B. NTSEBEZA dissenting on the issue of the death penalty; ix. 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; x. 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 xi. Dismisses the Applicant’s claims for pecuniary reparations; xii. Grants the Applicant’s prayer for damages for the moral prejudice he suffered and awards him the sum of Three Hundred Thousand Tanzania Shillings (TZS 300,000); 40

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