the Respondent State, and, as noted above, the Court has no information
that its previous decisions in this respect have been implemented. Further,
the guarantee of the right to life is a supreme right in the Charter. In view of
the above, the Court orders the publication of this Judgment.
v.
Implementation and reporting
169. The Parties did not make specific prayers in respect of implementation and
reporting.
***
170. The justification provided earlier in respect of the Court’s decision to order
publication of the judgment, notwithstanding the absence of express prayers
by the Parties, is equally applicable in respect of implementation and
reporting. Specifically in relation to implementation, the Court notes that in
its previous judgments issuing the order to repeal the provision on the
mandatory death penalty, the Respondent State was directed to implement
the decisions within one (1) year of issuance of the same.81
171. The Court observes that, in the present case, the violation of the right to life
by the provision on the mandatory imposition of the death penalty goes
beyond the individual case of the Applicants and is systemic in nature. The
same applies to the violation in respect of execution by hanging. The Court
further notes that its finding in this Judgment bears on a supreme right in
the Charter, that is, the right to life.
172. In view of this, therefore, the Court deems it necessary to order the
Respondent State to periodically report on the implementation of this
judgment in accordance with Article 30 of the Protocol. The report should
detail the steps taken by the Respondent State to remove the impugned
provision from its Penal Code.
81
Crospery Gabriel and Another v. United Republic of Tanzania, ACtHPR, Application No. 050/2016,
Judgment of 13 February 2024 (merits and reparations), §§ 142-146; Rajabu v. Tanzania (merits and
reparations), supra, § 171 and Henerico v. Tanzania (merits and reparations), supra, § 203.
47
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents