*
171. The Respondent State submits that this claim for monetary compensation
has no basis, as the Applicant does not establish the nexus between the
alleged violations and the harm suffered by the Applicant.
***
172. The Court notes that most of the Applicant’s claims for moral damages for
himself and his family are directly linked to his conviction and incarceration,
which this Court did not find unlawful. The Court, therefore, dismisses the
prayer for moral damages for the Applicant’s family due to the alleged
prejudice to the Applicants’ family members resulting from his incarceration,
which this Court did not find unlawful.
173. With regard to the moral damages claimed by the Applicant for himself in
relation to the established human rights violations, the Court takes into
consideration that it has already decided in favour of the restitution measure
requested by the Applicant to set aside the death sentence and remove him
from death row, as well as the requested guarantee of non-repetition to
order the Respondent State to amend its laws to ensure respect for the right
to life under Article 4 of the Charter, by removing the mandatory death
sentence for the offence of murder, together with the satisfaction resulting
from having established the human rights violations of Article 4 and 5 of the
Charter. In these circumstances, the Court decides to grant the Applicant
moral damages in the sum of Five Hundred Thousand Tanzanian Shillings
(TZS 500,000) for the psychological suffering he endured.
IX.
COSTS
174. The Applicant prays that the costs of this Application be borne by the
Respondent State.
40