notes that the established violations does not impact on the Applicant’s guilt
and conviction. Further, the sentence is affected only to the extent of the
mandatory nature of the penalty. Given the foregoing, the Court holds that
an order for release of the Applicant is not warranted. Consequently, the
prayer is dismissed.
77. Having dismissed the prayer for release, and in light of its findings and
orders relating to the mandatory imposition of the death sentence, this Court
considers that an alternative measure is warranted to give effect to the said
findings and orders. The Court therefore 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. 34
iii. Publication of the Judgment
78. The Court 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.
Tanzania (merits and reparations) (21 September 2018) 2 AfCLR 402, § 82 and Juma v. Tanzania
(judgment), supra, § 165.
34 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).
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