198. 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.
199. Similarly, in its previous judgments,91 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. Release
200. The Court notes that the Applicant prays for the Court to order the
Respondent State to release him from prison.
201. The Court recalls its position in Gozbert Henerico v. United Republic of
Tanzania where it held that:
The Court can only order a release if an Applicant sufficiently
demonstrates or if the Court by itself establishes from its findings that
the Applicant’s arrest or conviction is based entirely on arbitrary
considerations and that his continued detention would occasion a
miscarriage of justice.92
91
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.
92 Henerico v. Tanzania (merits and reparations), supra, § 202; Mgosi Mwita Makungu v. United Republic
of Tanzania (merits) (7 December 2018) 2 AfCLR 550, § 84; Minani Evarist v. United Republic of
Tanzania (merits and reparations) (21 September 2018) 2 AfCLR 402, § 82 and Juma v. Tanzania
(judgment), supra, § 165.
56
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