vii.
Holds that the Respondent
State
has not violated Article 14(5) of the
International Covenant on Civil and Political Rights as regards the Court
of Appeal
and High Court basing their decisions on the findings of the
District Court.
viii.
Holds that the Respondent
State has not violated the Applicant's right
under Article 7(1)(d) of the Charter to be tried within a reasonable time
as regards the alleged delay by the Court of Appeal to review its decision
to uphold the Applicant's conviction and sentence.
Holds that the Respondent State has not violated the Applicant's right to
a fair trial as provided
under Article 7(1) of the Charter as regards the
sufficiency of the evidence and clarification of the circumstances of the
case.
Finds that the Respondent State has violated the Applicant’s right to a
fair trial provided under Article 7(1)(c) of the Charter,
as read together
with Article 14(3)(d) of the International Covenant on Civil and Political
Rights, by failing to provide him with free legal assistance.
On reparations
Pecuniary reparations
xi.
Does
not grant the Applicant's
prayer for material
damages
for his
imprisonment.
xii.
Grants the Applicant's prayer for reparation for the prejudice suffered as
a result of the violations found and awards him the sum of Tanzanian
Shillings Three Hundred Thousand (TZS300,000).
xiii.
Orders the Respondent State to pay the sum awarded under (xii) above
free from tax as fair compensation within six (6) 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
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