rajabu and others c republique unie de tanzanie requete n0072015 2019 afchpr 69 28 novembre 2019

rajabu and others c republique unie de tanzanie requete n0072015 2019 afchpr 69 28 novembre 2019

The mandatory imposition of the death penalty for murder under Tanzanian law violates the right to life (Article 4) and dignity (Article 5) because it is arbitrary, removes judicial discretion, and constitutes cruel, inhuman, and degrading treatment. The State's failure to amend its legislation to remove the...

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Citation
rajabu and others c republique unie de tanzanie requete n0072015 2019 afchpr 69 28 novembre 2019
Parties
Applicant: Ally Rajabu, Angaja Kazeni alias Oria, Geofrey Stanley alias Babu, Emmanuel Michael alias Atuu, Julius Petro; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partially granted
Legal Topics
Death Penalty, Right to Life, Right to Dignity, Fair Trial, Obligation to Amend Legislation
Source Language
en
Human Rights Law Criminal Law Death Penalty Right to Life Right to Dignity Fair Trial Obligation to Amend Legislation

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Parties

Ally Rajabu, Angaja Kazeni alias Oria, Geofrey Stanley alias Babu, Emmanuel Michael alias Atuu, Julius Petro

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the mandatory imposition of the death penalty for murder under Tanzanian law violates the right to life and dignity under the African Charter on Human and Peoples' Rights
  2. 2 Whether the applicants' right to a fair trial was violated
  3. 3 Whether the State failed to take legislative or other measures to give effect to the Charter

Ratio Decidendi

The mandatory imposition of the death penalty for murder under Tanzanian law violates the right to life (Article 4) and dignity (Article 5) because it is arbitrary, removes judicial discretion, and constitutes cruel, inhuman, and degrading treatment. The State's failure to amend its legislation to remove the mandatory death penalty also violates Article 1 of the Charter.

Court Disposition

Application partially granted

Orders

  • State to pay each applicant 4,000,000 Tanzanian shillings for moral damages within six months, tax free, with interest for late payment.
  • State to amend its Penal Code within one year to remove the mandatory death penalty for murder and restore judicial discretion.