iv. Implementation and reporting
209. 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.
***
210. 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 issuing the order to repeal 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.66
211. Given the noncompliance demonstrated earlier in this Judgment, the Court
considers that restating the same timeframe in the present Application
would undermine the urgency of having the impugned provision removed
from the Respondent State’s Penal Code. In the circumstances, the Court
decides to set the time for implementation at six (6) months from the date
of the present Judgment with respect to legislative measure that the
Respondent State should take to repeal mandatory death penalty from its
Penal code.
212. As regards reporting, the Court considers that this is required as a matter of
judicial practice. With particular emphasis on timeframe, the Court notes
that time allocated in judgments pending implementation have cumulatively
reached three (3) years. For the same reasons as expounded while
examining the orders for both publication and implementation, a report
should be provided within a period that is shorter than that set out in
individual judgments. The Court considers that the appropriate time should,
therefore, be six (6) months in the circumstances.
66
Rajabu and Others v. Tanzania, ibid, § 171, xv, xvi; Henerico v. Tanzania, ibid, § 203.
53
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