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Judgment
Ally Rajabu and Others v. Tanzania
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Application No. 0OZ 12015
Separate Opinion
By
Judge Blaise Tchikaya
!ntroduction
l. The emptiness of the distinction between the death penalty and the socalled compulso ry senfence
A. A single legal regime is applicable
B. A relative and insufficient distinction between
the two kinds of death senfences
ll. A still limited reading of Article 4 of the African Chafter
A.
The almost total impetus against the death penalty in Africa should be reflected
in the protection of human rights.
B. Article 4 of the African Chafter allows total invalidation of the death penalty.
Conclusion
lntroduction
1.
Like my Honourable colleagues, I have generally adopted the operative part
of the judgment, Ally Rajabu and others v. United Republic of Tanzania,
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