under Article 5 of the Charter, in relation to the thirty (30) year
prison sentence;
ix.
Finds that the Respondent State has violated the Applicant’s right
to dignity under Article 5 of the Charter, in relation to the sentence
of corporal punishment;
x.
Finds that the Respondent State has violated the Applicant’s right
to legal representation 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, for failure to provide the Applicant free legal
assistance.
By a majority of Nine (9) for, and One (1) against, Justice Rafaâ BEN
ACHOUR Dissenting,
xi. Finds that the Respondent State has not violated the Applicant’s
right to be tried within a reasonable time under Article 7(1)(d) of
the Charter.
Unanimously,
On reparations
Pecuniary reparations
xii.
Dismisses the Applicant’s prayer for damages for material
prejudice.
xiii. Grants the Applicant’s prayer for reparations for the moral
prejudice as a result of the violations found and awards him the
sum of Three Hundred Thousand Tanzanian Shillings (TZS
300,000).
xiv. Orders the Respondent State to pay the amount set out under (xiii)
above, tax free, as fair compensation, within six (6) months from
the date of notification of judgment, failure of which, it will be
required to pay interest on arrears calculated on the basis of the
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