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.
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