It, therefore, submits that this is an afterthought and that his argument is not
substantiated.
***
107. The Court reiterates, as earlier stated, that the burden of proof of a human
rights violation lies with the Applicant. In the instant Application, the
Applicant alleges that the Respondent State violated his rights to equality
before the law and equal protection of the law protected under Article 3(1)
and (2) of the Charter, without expounding the basis thereof.
108. In these circumstances, the Court finds that the Applicant has failed to prove
the alleged violation and holds that the Respondent State did not violate his
rights to equality before the law and equal protection of the law protected
under Article 3 of the Charter.
D. Violation of the right to life
109. The Applicant did not make any submissions on the right to life. However, the
Court notes from the record that the Applicant was mandatorily sentenced to
death under a law that does not allow the judicial officer any discretion. The
Court, in these circumstances, reiterates its finding in its previous decisions
that the imposition of the mandatory death penalty is a violation of the right to
life under Article 4 of the Charter.34
110. The Court, therefore, holds that the Respondent State violated the Applicant’s
right to life protected under Article 4 of the Charter by imposing the mandatory
death penalty on the Applicant.
34
Ally Rajabu and Others v. United Republic of Tanzania (merits and reparations) (28 November 2019)
3 AfCLR 539, §§ 104-114; Amini Juma v. United Republic of Tanzania, ACtHPR, Application no.
024/2016, Judgment of 30 September 2021 (merits and reparations), §§ 120-131; Gozbert Henerico v.
United Republic of Tanzania, ACtHPR, Application no. 056/2016, Judgment of 10 January 2022 (merits
and reparations), § 160.
25