76. The Court, therefore, holds that the Respondent State violated the
Applicant’s right to life protected under Article 4 of the Charter due to the
mandatory imposition of the death penalty imposed.
D. Violation of the right to dignity
77. Similarly, whereas the Applicant did not make any submissions on the right
to dignity, the Court also notes from the record that the Applicant was
sentenced to death by hanging. The Court, therefore, recalls that in the
matter of Ally Rajabu and Others v. United Republic of Tanzania, this Court
stated that many methods used to implement the death penalty have the
potential of amounting to torture, as well as cruel, inhuman and degrading
treatment given the suffering inherent thereto. This Court held that hanging
a person is one of such methods that is inherently degrading.25 The Court
also recalls its position in the matter of Amini Juma v. United Republic of
Tanzania where it held that the execution of the death penalty by hanging
encroaches upon the dignity of a person in respect of the prohibition of
torture and cruel, inhuman and degrading treatment.26
78. The Court reiterates its position that in accordance with the rationale for
prohibiting methods of execution that amount to torture or cruel, inhuman
and degrading treatment, the prescription should be that methods of
execution must exclude suffering or involve the least suffering possible in
cases where the death penalty is permissible.27 Having found that the
mandatory imposition of the death sentence violates the right to life due to
its arbitrary nature, the Court holds that, hanging as the method of
implementation of that sentence , encroaches upon dignity in respect of the
prohibition of torture and cruel, inhuman and degrading treatment.28
of 4 June 2024 (merits and reparations), §§ 132-133; Nzigiyimana Zabron v. United Republic of
Tanzania, ACtHPR, Application 051/2016, Judgment of 4 June 2024 (merits and reparations), § 146.
25 Rajabu and Others v. Tanzania , supra, §§ 118-119.
26 Juma v. Tanzania, supra, § 136.
27 Rajabu and Others v. Tanzania, supra, § 118.
28 Ibid, §§ 119-120.
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