147. 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. Given the current state of law in the Respondent
State, threats to life associated with the mandatory death penalty persist in
the Respondent State. The Court 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.
iv. Implementation and reporting
148. Both Parties, apart from making a generic prayer that the Court should grant
other reliefs as it deems fit, did not make specific prayers in respect of
implementation and reporting.
***
149. The justification provided earlier in respect of the Court’s decision to order
publication of the judgment, notwithstanding the absence of express prayers
by the Parties, is equally applicable in respect of implementation and
reporting. Specifically in relation to implementation, the Court notes that in
its previous judgments directing the repeal of the provision on the
mandatory death penalty, the Respondent State was directed to implement
the decisions within one (1) year of issuance of the same.57
150. The Court observes that, in the present case, the violation of the right to life
by the provision on the mandatory imposition of the death penalty goes
beyond the individual case of the Applicants and is systemic in nature. The
same applies to the violation in respect of execution by hanging. The Court
further notes that its finding in this Judgment bears on a supreme right in
the Charter, that is, the right to life.
57
Rajabu v. Tanzania (merits), supra, § 171 and Henerico v. Tanzania (merits), supra, § 203.
37