159. The justification provided earlier, in respect of the Court’s decision to order
publication of the judgement, is equally applicable in respect of
implementation and reporting. The Court notes that in its previous
judgments directing the repeal of the provision on the mandatory death
penalty, the Respondent State was directed to implement the decisions
within one year of issuance of the same.56
160. 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 Application and is systemic in nature. The
same applies to the violation of the right to dignity by reason of the method
of execution. The Court further notes that its finding in this Judgment bears
on a supreme right in the Charter, that is, the right to life.
161. 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.
162. The Court recalls that it has ordered the Respondent State to repeal the
mandatory death penalty and the deadlines that the Court set have since
lapsed. In view of this fact, the Court still considers that the orders are
warranted both as an individual protective measure and as a general
restatement of the obligation and urgency behoving on the Respondent
State to remove the mandatory death penalty and provide alternatives
thereto.
163. The Court holds, therefore, that the Respondent State is under an obligation
to report on the steps taken to implement this Judgment within six months
from the date of notification of this Judgment.
56
Rajabu and Others v. Tanzania (merits), supra, § 171; Henerico v. Tanzania (merits), supra, § 203.
38