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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