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73. The Court notes that the burden of proof for a human rights violation lies
with the applicant, unless the Court decides otherwise.23 In the instant
Application, the Applicant alleges that the Respondent State violated his
rights to equality before the law and equal protection of the law protected
under Article 3(1) and (2) of the Charter, without expounding the basis
thereof. The Court further notes that the Applicant was able to make use of
all the legal remedies available to him and that he was able to defend
himself in accordance with the protections provided by law.
74. In these circumstances, the Court finds that the Applicant has failed to prove
the alleged violation and holds that the Respondent State did not violate his
rights to equality before the law and equal protection of the law protected
under Article 3 of the Charter.
C. Violation of the right to life
75. While the Applicant did not make any submissions on the right to life, the
Court notes, however, from the record that the Applicant was mandatorily
sentenced to death as a result of a law that does not allow any discretion to
the judicial officer. The Court, in these circumstances, reiterates its
established jurisprudence that the mandatory imposition of the death
penalty does not meet the requirement of fairness set out in Article 4 of the
Charter owing to its arbitrary imposition, as the judicial officer lacks
discretion to take into account the nature of the offence and the
circumstances of the offender.24
Sijaona Chacha Machera v. United Republic of Tanzania, ACtHPR, Application No. 035/2017,
Judgment of 22 September 2022 (merits), § 82; Yassin Rashid Maige v. United Republic of Tanzania,
ACtHPR, Application No. 018/2017, Judgment of 5 September 2023 (merits and reparations) § 124;
Edison Simon Mwombeki v. United Republic of Tanzania, ACtHPR, Application No. 030/2018 Judgment
of 13 November 2024 (merits), § 68.
24 Rajabu and Others v. Tanzania, supra, §§ 104-114; Amini Juma v. United Republic of Tanzania,
(judgment) (30 September 2021) 5 AfCLR 431, §§ 120-131; Gozbert Henerico v. United Republic of
Tanzania, ACtHPR, Application no. 056/2016, Judgment of 10 January 2022 (merits and reparations),
§ 160; Dominick Damian v. United Republic of Tanzania, ACtHPR, Application no. 048/2016, Judgment
23
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