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

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