iii. Publication
134. The Parties did not make any request in respect of publication.
135. However, the Court considers that, for reasons now firmly established in its
practice, and in the peculiar circumstances of this case as set out earlier,
publication of this judgment is warranted. Notably, threats to life associated
with the mandatory death penalty remain alive in the Respondent State,
there has been no sign as to whether measures are being taken for the law
to be amended, and the guarantees provided in the Charter and before this
Court are still required to protect rights-holders. The Court thus finds it fit to
make an order for publication.
iv. Implementation and reporting
136. The Applicant prays the Court to order the Respondent State to take
appropriate measures to remedy the violations within a reasonable time,
and inform the Court within six (6) months of the judgment of the measures
taken to implement the latter.
137. Reasons stated in respect of the publication apply regarding the prayers on
timeframe for implementation and reporting. Regarding implementation, the
Court further notes that in its previous judgments issuing the order to repeal
the provision on the mandatory death penalty as earlier recalled, the
Respondent State was directed to implement within one (1) year.41 Given
the non-compliance established earlier in this judgment, the Court considers
that restating the same timeframe in the present Application would not do
justice to the paramount urgency to have the harming provision removed.
Against these considerations, the Court decides to set the time for
implementation at six (6) months from the date of the present judgment.
41
Ally Rajabu v. Tanzania, ibid, 171, xv, xvi; Gozbert Henerico v. Tanzania, ibid, 203.
36