85. The Court also orders the Respondent State to take all necessary measures
to remove, within six months of the notification of this Judgment, the
provision for the mandatory imposition of the death sentence from its laws.30
86. The Court further orders the Respondent State to take all necessary
measures, within one year of the notification of this Judgment, for the
rehearing of the case on the sentencing of the Applicant through a
procedure that does not allow the mandatory imposition of the death
sentence, and which upholds the discretion of the judicial officer.31
87. Regarding the Court’s finding that the method of execution of the death
penalty by hanging is inherently degrading,32 the Court orders the
Respondent State to undertake all necessary measures to remove
“hanging” from its laws as the method of execution of the death sentence,
within six months of the notification of this Judgment.33
88. The Court further considers that, in line with its established jurisprudence,
and in the peculiar circumstances of this case, publication of this judgment
is necessary. Given the current state of law in the Respondent State, threats
to life associated with the mandatory death penalty persist in the
Respondent State. The Court has not received any indication that
necessary measures have been taken for the law to be amended and
aligned with the Respondent State’s international human rights obligations.
The Court thus finds it appropriate to order publication of this judgment
within a period of three months from the date of notification.
30 Rajabu and Others v. Tanzania, supra, § 163; Juma v. Tanzania, supra, § 170; Henerico v. Tanzania,
supra, § 207; Ghati Mwita v. United Republic of Tanzania, ACtHPR, Application no. 012/2019, Judgment
of 1 December 2022 (merits and reparations), § 166.
31 Rajabu and Others v. Tanzania, supra, § 171 (xvi); Juma v. Tanzania, supra, § 174 (xvii); Henerico v.
Tanzania, supra, § 217 (xvi); Mwita v. Tanzania, supra, § 184 (xviii).
32 Rajabu and Others v. Tanzania, supra, § 118.
33 Chrizant John v. United Republic of Tanzania, ACtHPR, Application no. 049/2016, Judgment of 7
November 2023 , § 155.
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