B. Non-pecuniary reparations 125. The Applicant prays the Court to vacate the death sentence; grant him retrial and order the Respondent State to amend the provision of its law on the mandatory death sentence to ensure respect for life. 126. Noting that the Applicant also makes prayers in relation to the Respondent State’s law providing for the mandatory death sentence, and in light of its earlier findings in the present Judgment, this Court considers it appropriate to first examine the prayer to amend the Penal Code. i. Amend the law to ensure respect for life 127. The Applicant prays the Court to order that the Respondent State should amend its law to ensure the respect for life. 128. The Court recalls that, in previous judgments dealing with the mandatory death penalty involving the same Respondent State, it had ordered that the concerned provisions be removed from the Penal Code in line with its international obligations.38 Judicial notice is taken that, three (3) years after the first such judgment was issued, the Respondent State has not as at the date of the present judgment, implemented the said order. Identical orders were also issued in two other judgments delivered in 2021, and 2022, none of which has been implemented thus far. 129. In the circumstances, the main reason in the previous cases remains most current regarding this Application, which is that persons in the same situation remain at the paramount risk of being executed or facing the mandatory death sentence. Given the critical importance of the order, the Court therefore finds it appropriate to restate the same in the present Application, and orders the Respondent State to repeal the provision for the mandatory death sentence in its Penal Code. 38 Gozbert Henerico v. Tanzania, ibid, § 207; Amini Juma v. Tanzania, ibid, § 170. 34

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