27. ln this decision the African court, by dint of the fact that it denounces only the mandatory death penalty, is out of step with the position which can be considered as constant of the United Nations lnternational Law commission. The lnternational Law commission has been "convinced that the abolition of the death penalty contributes to the enhancement of human dignity and the progressive extension of fundamental rights"zs. This development is reflected in the pronouncements of the lnter-American court, which emphasized that the lack of consular assistance is an infringement of fundamental rights. ln these circumstances, it continued " the death penalty is a violation of the right not to be 'arbitrarily' deprived of one's life, in the terms of the relevant provisions of the human rights treaties (...)"30. court, while asking Tanzania to review its legislation on a category of death penalty - the mandatory death penalty3l - is refusing to direct its decision to 28. The condemn the death penalty. It allows islands of tolerance to persist. on this judgment, it departs from the trend of international criminal law. As to the universality of the abolition of the death penalty, it must be recalled, without necessarily exaggerating, that in its judgment on fhe Norfh sea continental shel€z the lnternational court of Justice had carefully examined the relationship between conventional and customary standards. It considered that international conventions could produce cu_stomary accessions that were applicable. Blaise Tchikaya _- } ---?: .tt-_ .," q,d- ,," years, which may not exceed a maximum of30 years; or (b) A term oflife imprisonment whenjustified by the extreme gravity ofthe crime and the individual circumstances ofthe conviaed person,,. 2e Resolution 1997112,3 April 1997. (24) and Resolution 1998/g, 3 April 1998. 30 IAIIRC, O.C., I October 1999, p.264, g .37 et p. 268, $ l4l 3r Article 197 ofthe Penal Code of Tanzania states that "Any p".ro, of murder shall be sentenced to "onvicted death" ICJ., North Sea continental Shelf, Denmark and the Netherlands v. FRG ICl, 20 February 1969 32 72

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