remove the provision for the mandatory imposition of the death sentence
from its laws.36
117. The Court further orders the Respondent State within one (1) year of the
notification of this Judgment, to take all necessary measures for the
rehearing of the case on the sentencing of the Applicant through a
procedure that does not allow the mandatory imposition of the death
sentence, and which upholds the discretion of the judicial officer.37
118. Regarding the Court’s finding that the method of execution of the death
penalty by hanging is inherently degrading,38 the Court orders the
Respondent State to take all necessary measures to remove “hanging” from
its laws as the method of execution of the death sentence, within six (6)
months of the notification of this Judgment.39
119. The Court further considers 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 the law in the Respondent
State, threats to life associated with the mandatory death penalty persist in
the Respondent State. The Court 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.
36
Rajabu and Others v. Tanzania, ibid, § 163; Juma v. Tanzania, ibid, § 170; Henerico v. Tanzania,
ibid, § 207; Ghati Mwita v. United Republic of Tanzania, ACtHPR, Application no. 012/2019, Judgment
of 1 December 2022 (merits and reparations), § 166.
37 Rajabu and Others v. Tanzania, ibid, § 171 (xvi); Juma v. Tanzania, ibid, § 174 (xvii); Henerico v.
Tanzania, ibid, § 217 (xvi); Mwita v. Tanzania, ibid, § 184 (xviii).
38 Rajabu and Others v. Tanzania, ibid, § 118.
39 Chrizant John v. United Republic of Tanzania, ACtHPR, Application no. 049/2016, Judgment of 7
November 2023 (merits and reparations) § 155.
27