132. Similarly, as per its jurisprudence,39 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 laws of the Respondent State. Considering its findings in
this Judgment, the Court orders the Respondent State to take all necessary
measures to amend its laws and remove “hanging” from its laws as the
method of execution of the death sentence, within six months of the
notification of the present Judgment.
iii. Rehearing
133. Although neither of the Parties made submissions specifically addressing
the need for a rehearing, the Court considers this to be a necessary
consequence given its earlier findings.
134. The Court reaffirms its earlier findings that the violations in this case did not
impact on the Applicant’s guilt and conviction. The said findings affect only
the sentencing and to the extent of the mandatory nature of the penalty. The
Court finds, therefore, that a remedy is warranted only as to the extent of
the mandatory death penalty.40
135. In the circumstances, the Court orders the Respondent State to take all
necessary measures for the rehearing of the case on the sentencing of the
Applicant through a process that does not allow a mandatory imposition of
the death penalty, while upholding the full discretion of the judicial officer. 41
39
Jeshi v. Tanzania (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.
40 Habyalimana Augustino and Muburu Abdulkarim v United Republic of Tanzania, ACtHPR, Application
No. 015/2016, Judgment of 3 September 2024 (merits and reparations), §§ 240-241.
41 Chrizant John v. United Republic of Tanzania, ACtHPR, Application No. 049/2016, Judgment of 7
November 2023 (merits and reparations), § 150.
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