witness.63 Furthermore, there is nothing on record to demonstrate that the
questioning of witnesses by the assessors was improper and prejudicial to
the outcome of the decision reached.
116. The Court, therefore, finds that the Applicant has failed to demonstrate how
the court appointed assessors did not discharge their duty as provided
under the Respondent State’s laws.
117. Consequently, the Court dismisses this allegation and finds that the
Respondent State did not violate the Applicant’s right to be tried by an
impartial court protected by Article 7(1)(d) of the Charter regarding the
questioning of witnesses by the assessors.
D. Violation of the right to life
118. As earlier stated in this judgment the Applicant does not make any allegation
of the breach of the right to life. However, it emerges from the record that
the Applicant was mandatorily sentenced to death under a law that this
Court has previously held does not allow the judicial officer discretion to
impose a different punishment. In the circumstances of the present
Application, the Court reiterates its jurisprudence that the imposition of the
mandatory death penalty is a violation of the right to life under Article 4 of
the Charter.64
119. The Court, therefore, holds that the Respondent State violated the
Applicant’s right to life protected under Article 4 of the Charter by imposing
the mandatory death penalty on the Applicant.
63 Exhibit 000089.
64 Ally Rajabu and Others v. United Republic of Tanzania (merits and reparations) (28 November 2019)
3 AfCLR 539, §§ 104-114; Amini Juma v. United Republic of Tanzania (judgment) (30 September 2021)
5 AfCLR 431, §§ 120-131.
32