204. In the instant case, the Court has not found that the violations established
in this Judgment had any bearing on the Applicant’s conviction. As such, it
dismisses the Applicant’s request to quash his conviction.
205. Furthermore, the Court recalls that the death penalty has already been
commuted to a life sentence. As a result, this particular prayer has been
overtaken by events, rendering it moot.
206. In the same vein, the Court holds that the Applicant’s request for an order
requiring the Respondent State to conduct resentencing hearings and
consider mitigating circumstances does not stand. Therefore, it also
dismisses this prayer.
iii. Publication
207. None of the parties made any submissions in respect of the publication of
this Judgment.
***
208. 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 and dignity associated with the mandatory death penalty
persist in the Respondent State. There is also no indication as to whether
measures are being taken for the laws in this regard to be amended and
aligned with the Respondent State’s international human rights obligations,
with the result that the guarantees provided in the Charter are still not certain
for rights-holders. The Court thus finds it appropriate to order publication of
this Judgment.
52
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