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VI
Frnds that the Respondent State has not violated the Applicants' right to
be tried by a competent court protected under Article 7(1)(a) of the
Charter;
v
Frnds that the Respondent State has not violated the Applicants' right to
be tried within a reasonable time protected under Article 7(1)(d) of the
Charter.
VIII
Frnds that the Respondent State violated the right to life guaranteed
under Article 4 of the Charter in relation to the provision in its penal Code
for the mandatory imposition of the death penalty as it removes the
discretion of the judicial officer;
tx.
Finds that the Respondent State has violated the right to dignity
protected under Article 5 of the Charter in relation to the provision for the
execution of the death penalty imposed in a mandatory manner.
On reparations
Pecuniary reparations
x.
Does not grant the Applicants' prayers for compensation on account of
material damage;
xt
Grants Tanzanian Shillings Four Million (Tsh 4.000.000) to each of the
Applicants for moral damage that ensued from their sentencing;
xI
Orders the Respondent State to pay the amount indicated under subparagraphs (xi) free from taxes within six (6) months, effective from the
notification of this Judgment, failing which it will pay interest on arrears
calculated on the basis of the applicable rate of the Bank of Tanzania
throughout the period of delayed payment and until the accrued amount
is fully paid.
47