B. Non-Pecuniary Reparations
i.
Guarantees of non-repetition
194. The Applicant prays the Court to order the Respondent State to amend its
laws to ensure the protection of the right to life under Article 4 of the Charter,
by removing the mandatory death sentence for the offence of murder.
195. The Respondent State insists that the death penalty is a lawful form of
punishment and its law providing for the death penalty is compatible with
the ICCPR, which allows imposition of the death penalty for serious crimes
as murder.
196. The Court recalls that, in previous Judgments dealing with the mandatory
death penalty involving the same Respondent State, it had ordered that the
provisions in its Penal Code providing for the mandatory death penalty be
removed to align with the country’s international obligations.63 The Court
takes judicial notice of the fact that almost four (4) years after the first such
Judgment was issued, the Respondent State has not, as at the date of the
present Judgment, implemented the said order. Importantly, identical orders
were also issued in two other Judgments delivered in 2021 and 2022, none
of which has been implemented thus far.
197. The result of the Respondent State’s non-compliance with the Court’s
earlier decisions is that persons in a similar position to the Applicant before
his sentence was commuted to life imprisonment remain at the risk of being
executed if convicted or facing the mandatory death sentence if tried.
198. In order to guarantee the non-repetition of the established violations, the
Court therefore orders the Respondent State to undertake all necessary
63
Rajabu and Others v. Tanzania (merits), supra, § 163; Henerico v. Tanzania (merits), supra, § 207;
Juma v. Tanzania (merits), supra, § 170.
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