ii. Amendment of the law to ensure respect for life and dignity
129. 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 per 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. The
inconsistency of the mandatory sentencing regime with the Charter makes
it necessary for the Court to make orders dealing with this.37
130. The Court observes that in its previous judgments dealing with the
mandatory imposition of the death penalty it 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. 38 The
Court notes that to date it has issued several Rulings for the removal of the
mandatory death penalty which were delivered in 2019, 2021, 2022, and
2023; yet, as at the date of the present judgment, the Court does not have
any information to the effect that the Respondent State has implemented
the said orders.
131. 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.
37
Deogratius Nicholas Jeshi v. United Republic of Tanzania, ACtHPR, Application No. 017/2016,
Judgment of 13 February 2024 (merits and reparations) §§ 109-112.
38 Ghati Mwita v. United Republic of Tanzania ACtHPR, Application No. 012/2019, Judgment of 1
December 2022 (merits and reparations), § 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 (merits and
reparations), supra, § 170.
30