0
0092 3
On Admissibility:
iii.
iv.
Dismlsses the objections to the admissibility of the Application
Declares it admissible.
On Merits
Holds that the Respondent State has not violated Article 7(1) of the
Charter in evaluating the identification evidence and the defence of alibi;
VI
Holds that the Respondent State has violated the Applicant's right to a
fair trial by failing to provide him with free legal aid, contrary to Article
7(1Xc) of the Charter and Articlel4 (3Xd) of the ICCPR.
On Reparations
On Pecuniary Reparations
vii.
Grants the Applicant's prayer for reparation for prejudice suffered and
awards him the sum of Tanzanian Shillings Three Hundred Thousand
(TZS 300, 000);
viii.
Orders the Respondent State to pay the sum awarded above free from
tax as fair compensation to be made 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
Central Bank of Tanzania throughout the period of delayed payment until
the amount is fully paid.
On Non-Pecuniary Reparations
ix.
Dismlsses the Applicant's prayer for the Court to order his release from
prison.
25
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