156. The Court notes that the Respondent State violated the Applicant’s right to
life, right to dignity and right to a fair trial on account of which she suffered
moral prejudice. Accordingly, the Applicant is entitled to moral damages.
157. The Court also notes that the disruption of Applicant’s life plan is related to
her incarceration. However, since the Court has not found the Applicant’s
incarceration to be unlawful, it can therefore not award any reparations for
harm suffered.
158. The Court, however, recalls that it has found the mandatory nature of the
death penalty constitutes a violation of Articles 4 and 5 of the Charter and
that the delayed commencement of the Applicant’s trial infringed Article
7(1)(d) of the Charter. It thus reiterates its case-law to the effect that, in
respect of human rights violations, reparations for moral prejudice are
awarded in equity on the basis of the Court’s discretion.
159. The Court recalls that the High Court sentenced the Applicant to death by
hanging on 19 September 2011 and the sentence was upheld by the Court
of Appeal on 11 March 2013. This Court finds that the Applicant suffered
prejudice as from the date of her sentencing. The uncertainty of waiting for
both the outcome of the appeal and thereafter the possible execution only
added to the psychological tension experienced by the Applicant. The
Applicant’s prejudice was also exacerbated by the delay she endured before
the commencement of her trial. In the circumstances it is beyond doubt that
the Applicant has suffered trauma.
160. ln view of the above, the Court finds that the Applicant has endured moral
and psychological suffering and decides to grant her moral damages in the
sum of Tanzanian Shillings Seven Million (TZS 7,000,000).
B. Non-pecuniary reparations
161. The Applicant prays the Court to quash her sentence and set her free.
Noting that the Applicant also makes prayers in relation to the Respondent
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