142. In the circumstances, the Court orders the Respondent State to take all
necessary measures within one (1) 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 upholds the discretion of the judicial officer.
iii. Implementation and reporting
143. The Court notes that the Respondent State has not provided any
information on the implementation of its judgments in any of the earlier
cases where it was ordered to repeal the mandatory death penalty. The
Court holds, therefore, that the Respondent State is under an obligation to
report on the steps taken to implement this judgment within six (6) months
from the date of notification of this judgment.
iv. Publication
144. None of the parties made any submissions in respect of the publication of
this judgment.
***
145. The Court considers, however, that for reasons now firmly established in its
practice, and in the peculiar circumstances of this case, publication of this
judgment is necessary. The Court also notes that it 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 (3) months from the date of
notification.
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