john c united republic of tanzania requete n 0492016 2023 afchpr 44 7 novembre 2023

john c united republic of tanzania requete n 0492016 2023 afchpr 44 7 novembre 2023

The mandatory imposition of the death penalty under Tanzanian law constitutes an arbitrary deprivation of the right to life, violating Article 4 of the African Charter. Execution by hanging is inherently degrading and violates Article 5. The applicant's fair trial and equality claims were not substantiated. The...

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Citation
john c united republic of tanzania requete n 0492016 2023 afchpr 44 7 novembre 2023
Parties
Applicant: Chrizant John; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Application for Human Rights Violations / Final Judgment
Outcome
Application partially upheld
Legal Topics
Right to Life, Death Penalty, Right to Dignity, Fair Trial, Equality Before the Law, Remedies
Source Language
en
Human Rights Law Criminal Law Right to Life Death Penalty Right to Dignity Fair Trial Equality Before the Law Remedies

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Parties

Chrizant John

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Application for Human Rights Violations / Final Judgment

  1. 1 Whether the mandatory death penalty violates the right to life under Article 4 of the African Charter
  2. 2 Whether execution by hanging violates the right to dignity under Article 5 of the Charter
  3. 3 Whether the applicant's right to a fair trial under Article 7(1) was violated

Ratio Decidendi

The mandatory imposition of the death penalty under Tanzanian law constitutes an arbitrary deprivation of the right to life, violating Article 4 of the African Charter. Execution by hanging is inherently degrading and violates Article 5. The applicant's fair trial and equality claims were not substantiated. The Court ordered Tanzania to amend its laws and re-sentence the applicant without mandatory death penalty.

Court Disposition

Application partially upheld

Orders

  • Tanzania must re-sentence the applicant within one year by a procedure that does not allow mandatory death penalty and preserves judicial discretion.
  • Tanzania must abolish mandatory death penalty provisions within six months.