to the mandatory imposition of the death penalty and the right to inherent
dignity, guaranteed under Article 5 of the Charter, in relation to the method
of execution of the death penalty, as meted out against the Applicant, that
is, by hanging.
65. The Court, therefore, orders the Respondent State to take all necessary
measures to repeal, within six months of the notification of this Judgment,
the provision for the mandatory imposition of the death sentence from its
laws.14
66. The Court further orders the Respondent State to take all necessary
measures, within one year of the notification of this Judgment, to vacate the
sentence, remove the Applicant from death-row and rehear his case on
sentencing through a procedure that allows judicial discretion.15
67. Regarding the Court’s finding that the method of execution of the death
penalty by hanging is inherently degrading,16 the Court orders the
Respondent State to undertake all necessary measures to remove
“hanging” from its laws as the method of execution of the death sentence,
within six months of the notification of this Judgment.17
68. The Court further observes that, for reasons now firmly established in its
practice,18 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. The Court has not received any indication that
14
Rajabu and Others v. Tanzania, ibid, § 163; Juma v. Tanzania, ibid, § 170; Henerico v. Tanzania, ibid,
§ 207; Ghati Mwita v. United Republic of Tanzania, ACtHPR, Application no. 012/2019 Judgment of 1
December 2022 (merits and reparations), § 166.
15 Rajabu and Others v. Tanzania, ibid, § 171 (xvi); Juma v. Tanzania, ibid, § 174 (xvii); Henerico v.
Tanzania, ibid, § 217 (xvi); Mwita v. Tanzania, ibid, § 184 (xviii).
16 Rajabu and Others v. Tanzania, ibid, § 118.
17 Chrizant John v. United Republic of Tanzania, ACtHPR, Application no. 049/2016, Judgment of 7
November 2023 (merits and reparations) § 155.
18 See Legal and Human Rights Centre and Tanzania Human Rights Defenders’ Coalition v. United
Republic of Tanzania, ACtHPR, Application no. 039/2020, Judgment of 13 June 2023 (merits and
reparations), §§ 180-182. Lucien Ikili Rashidi v. United Republic of Tanzania (merits and Reparations)
(28 March 2019) 3 AfCLR 13, § 151-153. Rajabu and Others v. Tanzania, ibid, §§ 164-167.
15