74. The Court recalls that Article 4 of the Charter provides as follows:
Human 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.
75. There is no doubt that Article 4 guarantees everyone the right to life and
integrity of his/her person. As the Court has held the “right to life is the
cornerstone on which the realisation of all other rights and freedoms
depend. The deprivation of someone’s life amounts to eliminating the very
holder of these rights and freedoms. It is in recognition of this that Article 4
of the Charter prohibits the arbitrary deprivation of life.”30
76. In its jurisprudence, the Court has taken cognisance of global trends
towards the abolition of the death penalty, represented, in part, by the
adoption of the Second Optional Protocol to the International Covenant on
Civil and Political Rights (ICCPR).31 The Court has also noted that
notwithstanding the developments at the global and regional level, the death
penalty remains on the statute books of some states and that no treaty on
the abolition of the death penalty has gained universal ratification.32 In
respect of the Second Optional Protocol to the ICCPR, the Court notes that
this has ninety (90) State Parties out of the one hundred-seventy three (173)
State Parties to the ICCPR.
77. Specifically in relation to Africa, the Court takes cognisance of the continentwide developments in relation to the death penalty. By way of illustration, in
1990, only one country, Cape Verde, had abolished the death penalty. Over
the years, however, the number of African countries that have abolished the
30
African Commission on Human and Peoples’ Rights v. Kenya (26 May 2017) 2 AfCLR 9 § 152
Amini Juma v. United Republic of Tanzania, ACtHPR, Application No.024/2016, Judgment of 30
September 2021 (merits and reparations), § 122 and Ally Rajabu and Others v. United Republic of
Tanzania (merits and reparations) (28 November 2019) 3 AfCLR 539, § 96. Notably, the Respondent
State is not a party to the Second Optional Protocol to the International Covenant on Civil and Political
Rights.
32 For a comprehensive statement on developments in relation to the death penalty, see, United Nations
General Assembly Moratorium on the use of the death penalty – Report of the Secretary General 8
August 2022.
31
20