State’s law providing for the mandatory death sentence, and in the light of its earlier findings in the present Judgment, this Court considers it appropriate to first examine the prayer to amend the Penal Code. i. Guarantees of non-repetition 162. The Applicant prays the Court to order the Respondent State to amend its laws to ensure the protection of the right to life under Article 4 of the Charter, by removing the mandatory death sentence for the offence of murder. * 163. The Respondent State did not submit on this request. *** 164. The Court recalls that, in previous judgments dealing with the mandatory death penalty involving the same Respondent State, it had ordered that the provisions in its Penal Code providing for the mandatory death penalty be removed to align with the country’s international obligations.55 The Court takes judicial notice of the fact that three (3) years after the first such judgment was issued, the Respondent State has not, as at the date of the present judgment, implemented the said order. Notably, identical orders were also issued in two other judgments delivered in 2021 and 2022, none of which has been implemented thus far. 165. The result of the Respondent State’s non-compliance with the Court’s earlier decisions is that persons in a similar position to the Applicant remain at the risk of being executed if convicted or facing the mandatory death sentence if tried. 55 Gozbert Henerico v. Tanzania, § 207; Amini Juma v. Tanzania, § 170. 46