iii. Guarantees of non-repetition
151. The Applicant prays the Court to order the Respondent State to amend its
laws to ensure respect for the right to life under Article 4 of the African
Charter by removing the mandatory death sentence for the offence of
murder.
152. The Applicant further prays the Court to grant other such orders and reliefs
that it may deem fit and just in the circumstances of the Applicant
*
153. The Respondent State did not submit on this point.
***
154. The Court has previously dealt with matters similar to this and ordered the
Respondent State to undertake all necessary measures to remove from its
Penal Code the provision for the mandatory imposition of the death
sentence.38 The Court therefore reiterates this order in the instant case.
155. Regarding the Court’s finding that the method of execution of the death
penalty by hanging is inherently degrading and, in line with the very rationale
for prohibiting methods of execution that amount to torture or cruel, inhuman
and degrading treatment, the prescription should therefore be that, in cases
where the death penalty is not abolished, methods of execution must
exclude suffering or involve the least suffering possible.39 Accordingly, the
Court orders the Respondent State to undertake all necessary measures to
remove “hanging” from its laws as the method of imposition of the death
sentence.
38
Rajabu and Others v. Tanzania, supra, § 163; Juma v. Tanzania, supra, § 170; Henerico v. Tanzania,
supra, § 207; Mwita v. Tanzania, supra, § 166.
39 Rajabu and Others v. Tanzania, supra, § 118.
36