iv. Publication of the judgment
136. None of the Parties made any submissions in respect of the publication of
this judgment.
***
137. The Court considers, however, that for reasons now firmly established in its
practice 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.
The Court also notes that it 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.
v. Implementation and reporting
138. The justification provided earlier, in respect of the Court’s decision to order
publication of the judgment, is equally applicable in respect of
implementation and reporting. The Court notes that in its previous
judgments on 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.42
139. The Court observes that, 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 Applicant and is systemic in nature. The same applies to the
violation of the right to dignity by reason of the method of execution, death
by hanging. The Court further notes that its finding in this judgment bears
on a supreme right in the Charter, that is, the right to life.
42
Rajabu and Others v. Tanzania (merits and reparations), supra, § 171; Henerico v. Tanzania (merits
and reparations), supra, § 203.
32