regarding rehearing to give full effect to the order that it has made directing
the repeal of the mandatory death penalty.53 As previously noted, the
violations in the case of the Applicant did not impact on his guilt and
conviction, and that the sentencing is affected only to the extent of the
mandatory nature of the penalty.
150. In the circumstances, the Court orders the Respondent State to take all
necessary measures for the rehearing of the case on the sentencing of the
Applicant through a process that does not allow the mandatory imposition
of the death penalty while upholding the full discretion of the judicial officer.
iii. Amendment of the law to ensure respect for life and dignity
151. Neither the Applicant nor the Respondent State made any specific prayers
in respect of the need for amendment of laws to ensure respect for the rights
to life and dignity. However, as is established in its jurisprudence, the Court
holds that the consideration of this relief necessarily follows from its earlier
findings in respect of the mandatory death penalty in the Respondent State.
152. In its previous judgments dealing with the mandatory imposition of the death
penalty, the Court has ordered the Respondent State to undertake all
necessary measures to remove from its Penal Code the provision for the
mandatory imposition of the death sentence.54
153. In the present judgment the Court has again established that the mandatory
imposition of the death penalty violates the right to life guaranteed under
Article 4 of the Charter. It, therefore, holds that the said sentence ought to
be removed from the statutes of the Respondent State within six months of
the notification of the present Judgment.
53
Habyalimana Augustino and Muburu Abdulkarim v. United Republic of Tanzania, ACtHPR, Application
No. 015/2016, Judgment of 3 September 2024 (merits and reparations), §§ 240-241.
54 Ghati Mwita v. United Republic of Tanzania ACtHPR, Application No. 012/2019, Judgment of 1
December 2022 (judgment), § 166; Marthine Christian Msuguri v. United Republic of Tanzania, ACtHPR,
Application No. 052/2016, Judgment of 1 December 2022 (merits and reparations), § 128; Henerico v.
Tanzania (merits and reparations), supra, § 207 and Juma v. Tanzania (judgment), supra, § 170.
36