54. Accordingly, the Court dismisses the Applicant’s allegation and holds that
the Respondent State did not violate his right to have his cause heard,
protected under Article 7 of the Charter.
B.
Violation of the right to life
55. As earlier noted, the Applicant did not make any submissions on the right to
life. The Court notes, however, from the record that he was mandatorily
sentenced to death under a law that does not allow any discretion to the
judicial officer. The Court, in these circumstances, reiterates its finding in its
previous decisions that the mandatory imposition of the death penalty is a
violation of the right to life under Article 4 of the Charter.11
56. The Court, therefore, holds that the Respondent State has violated the
Applicant’s right to life protected under Article 4 of the Charter due to the
mandatory nature of the death penalty imposed on him.
C. Violation of the right to dignity
57. Although the Applicant did not make any submissions on the right to dignity,
the Court also notes that he was sentenced to death by hanging. The Court,
reiterates its established jurisprudence that the execution of the death
penalty by hanging constitutes a violation of the right to dignity under Article
5 of the Charter.12
58. Consequently, the Court holds that the Respondent State violated the
Applicant’s right to inherent dignity protected under Article 5 of the Charter
11
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 (merits and reparations) (30
September 2021) 5 AfCLR 431, §§ 120-131; Gozbert Henerico v. United Republic of Tanzania, ACtHPR,
Application no. 056/2016, Judgment of 10 January 2022 (merits and reparations), § 160; Romward
William v. United Republic of Tanzania, ACtHPR, Application no. 030/2016, Judgment of 13 February
2024 (merits and reparations), §§ 59-65.
12 Rajabu and Others v. Tanzania, ibid, §§ 119-120; Henerico v. Tanzania, ibid, §§ 169-170; Juma v.
Tanzania, ibid, §§ 135-136.
13