iv. Publication
116. None of the Parties made any submissions in respect of the publication of
this judgment.
***
117. The Court further considers that, for reasons now firmly established in its
practice, and in the peculiar circumstances of this case, publication of this
judgment is necessary. Given the current state of law in the Respondent
State, threats to life associated with the mandatory death penalty persist in
the Respondent State. Furthermore, the Court has not received any
indication that necessary measures have been taken for the law to be
amended and aligned with the Respondent State’s international human
rights obligations. The Court thus finds it appropriate to order publication of
this judgment within a period of three (3) months from the date of
notification.
IX.
ON THE REQUEST FOR PROVISIONAL MEASURES
118. The Applicant, in his Application, had requested the Court to make use of
its powers under Article 27(2) of the Protocol to order provisional measures.
119. The Respondent State asserts that this Court does not have jurisdiction to
order provisional measures against the Respondent State because first of
all the punishment of death penalty is constitutional, in line with the
Respondent State’s laws and also in conformity with Article 6 of the ICCPR.
Secondly, the Respondent State maintains that this Court does not have
jurisdiction to order provisional measures against it, since this Court does
not have jurisdiction to set aside the death penalty imposed on the Applicant
by the domestic courts. For these reasons, the Respondent State submits
that the request lacks merit and should be dismissed.
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