*
76. The Respondent State, also without any elaboration, submitted that it “did
not violate the provisions of Article 4 …” of the Charter.
***
77. Regardless of the above, and notwithstanding the paucity of the Parties’
submissions on this point, the Court considers it logical, given its
jurisprudence, and the fact that the Applicant was mandatorily sentenced to
death, to restate the human rights implications of the course of action taken
by the Respondent State.
78. Article 4 of the Charter, the Court recalls, provides as follows: “[h]uman
beings are inviolable. Every human being shall be entitled to respect for his
life and the integrity of his person. No one may be arbitrarily deprived of this
right.”
79. The Court takes cognisance of the fact that the Applicant was sentenced to
suffer death under a regime that provides no discretion to the judicial officer
seised of such cases. As the Court has held, by taking away the
discretionary power of a judicial officer to impose a sentence on the basis
of proportionality and the individual circumstances of a convicted person,
the mandatory death sentence regime, which applies in the Respondent
State, falls afoul of the requirements of due process in criminal
proceedings.18
80. Further, and as also recognised by the Court, the mandatory imposition of
the death sentence, as applied under the Respondent State’s law, is also
arbitrary within the meaning of Article 4 of the Charter as it deprives the
judicial officer of the discretion to consider specific circumstances of
particular cases, including whether such cases fall within the classification
18
Rajabu and Others v. Tanzania (merits and reparations), supra, § 163; Gozbert Henerico v. United
Republic of Tanzania, ACtHPR, Application No. 004/2015, Judgment of 10 January 2022, § 207.
18