Arusha, Tanzania Website: www.african-court.org Telephone: +255-272-510-510 JUDGMENT SUMMARY to testify alone. In the circumstances, the Court found that the Applicant’s right to a fair trial was not violated. As regards pecuniary reparations, the Court dismissed the claim for material damages for lack of a causal link between the material prejudice allegedly suffered and the violation of his rights to life, and dignity under Articles 4, and 5 of the Charter supporting evidence. Exercising its discretion, it awarded TZS 300,000 in moral damages to the Applicant. The claim for moral damages on behalf of beneficiaries was also rejected for failure to establish filiation between them and the Applicant. On non-pecuniary reparations, the Court dismissed the Applicant’s prayer for release from death row, for failure to demonstrate special and compelling circumstances. The Court further dismissed the Applicant’s prayer for retrial in respect of his conviction on the basis that the Court’s finding of violations of the Charter did not impact on his conviction. In addition, the Court rejected the prayer for conversion of the Applicant’s sentence to life imprisonment on the basis that it is not an appellate jurisdiction and it does not rehear cases determined by national courts. Having found violations of Articles 4 and 5 of the Charter based on the mandatory imposition of the death sentence, by hanging in order to remedy these violations, the Court 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 Applicant from death-row and rehear his 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 the judgments remain accessible for at least a year from the date of publication. Each Party was ordered to bear its own costs. 5