sentence and upholds the discretion of the judicial officer, following the
amendment of the law, as previously ordered by the Court.
iii. Guarantees of non-repetition
112. The Applicant further prays the Court to grant other orders and reliefs that
it may deem fit and just in the circumstances of the Applicant.
*
113. The Respondent State equally requests this Court grant any other order it
may deem right and just to grant under the prevailing circumstances.
***
114. The Court has previously, in matters similar to this, ordered the Respondent
State to undertake all necessary measures to remove within six (6) months
of the notification of this Judgment the provision for the mandatory
imposition of the death sentence from its laws.39 The Court, therefore,
reiterates this in the instant case.
115. Regarding the Court’s finding that the method of execution of the death
penalty by hanging is inherently degrading,40 the Court orders the
Respondent State to undertake all necessary measures to remove, within
six (6) months, “hanging” from its laws as the method of execution of the
death sentence.41
39
Ally Rajabu and others v. Tanzania (merits and reparations) (28 November 2019) 3 AfCLR 539 § 163;
Amini Juma v. Tanzania, ACtHPR, Application no. 024/2016 Judgment of 30 September 2021 (merits
and reparations), § 170; Gozbert Henerico v. Tanzania, ACtHPR, Application no. 056/2016 Judgment
of 10 January 2022 (merits and reparations) § 207; Ghati Mwita v. Tanzania, ACtHPR, Application no.
012/2019 Judgment of 1 December 2022 (merits and reparations), § 166.
40 Rajabu and Others v. Tanzania, ibid, § 118.
41 Chrizant John v. United Republic of Tanzania, ACtHPR, Application no. 049/2016, Judgment of 7
November 2023 (merits and reparations), § 155.
28