iv. Publication
175. None of the parties made any submissions in respect of the publication of
this judgment.
***
176. The Court considers, however, 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. There is also no indication as to whether measures
are being taken for the law to be amended and aligned with the Respondent
State’s international human rights obligations, with the result that the
guarantees provided in the Charter are still not certain for rights-holders.
The Court thus finds it appropriate to order publication of this judgment.
v. Implementation and reporting
177. Both Parties, apart from making a generic prayer that the Court should grant
other reliefs as it deems fit, did not make specific prayers in respect of
implementation and reporting.
***
178. The justification provided earlier in respect of the Court’s decision to order
publication of the judgment notwithstanding the absence of express prayers
by the Parties is equally applicable in respect of implementation and
reporting. Specifically in relation to implementation, the Court notes that in
its previous judgments issuing the order to repeal the provision on the
mandatory death penalty, the Respondent State was directed to implement
the decisions within one (1) year of issuance of the same.57 Given the noncompliance demonstrated earlier in this judgment, the Court considers that
restating the same timeframe in the present Application would undermine
57
Ally Rajabu v. Tanzania, ibid, § 171, xv, xvi; Gozbert Henerico v. Tanzania, ibid, § 203.
49