156. The Court notes that in the present judgment it has found that the mandatory imposition of the death penalty violates the right to life guaranteed under Article 4 of the Charter and therefore holds that the said sentence ought to be removed from the books of the Respondent State within six (6) months of the notification of the present Judgment. 157. Similarly, in its previous judgments,77 this Court has held that a finding of violation of the right to dignity owing to the use of hanging as a method of execution of the death penalty warranted an order that the said method be removed from the books of the Respondent State. In light of its finding in this Judgment, the Court orders the Respondent State to take all necessary measures to remove “hanging” from its laws as the method of execution of the death sentence, within six (6) months of the notification of the present Judgment. ii. Rehearing 158. The Applicant submits that while the normal recourse for violations of an Applicant’s right to a fair trial would be to re-open the defence case or hold a rehearing, in his case a retrial would be fraught with practical difficulties given the passage of time since the alleged offence and it would be grossly unfair to him to remain in custody pending a rehearing given the extensive period of time in which he has already been incarcerated. 159. The Court considers that, while the Applicant states that he does not wish for the reopening of the defence case or a retrial, a related order is in the interest of justice to give effect to the correlated order that the domestic provision on the mandatory death sentence be removed. The Court reiterates its earlier position that the violations in the case of the Applicant did not impact on his guilt and conviction, and that the sentencing is affected 77 Deogratius Nicholaus Jeshi v. United Republic of Tanzania, ACtHPR, Application No. 017/2016, Judgment of 13 February 2024 (merits and reparations), §§ 111, 112, 118; Romward William v. United Republic of Tanzania, ACtHPR, Application No. 030/2016, Judgment of 13 February 2024 (merits and reparations), § 94. 44

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