gabriel et un autre c republique unie de tanzanie requete n 0502016 2024 afchpr 4 13 fevrier 2024

gabriel et un autre c republique unie de tanzanie requete n 0502016 2024 afchpr 4 13 fevrier 2024

The mandatory imposition of the death penalty for murder under Tanzanian law, without judicial discretion, violates the right to life (Article 4) and the right to dignity (Article 5) as protected by the African Charter. The applicants' fair trial rights were not violated as the national courts considered the...

Source-derived case information.

Citation
gabriel et un autre c republique unie de tanzanie requete n 0502016 2024 afchpr 4 13 fevrier 2024
Parties
Applicant: Crospery Gabriel; Applicant: Ernest Mutakyawa; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Partial finding for applicants; violations of right to life and dignity established; other claims dismissed.
Legal Topics
Right to Life, Death Penalty, Right to Dignity, Fair Trial, Non Discrimination, Equality Before the Law, Remedies and Reparations
Source Language
en
Human Rights Law Criminal Law Constitutional Law Right to Life Death Penalty Right to Dignity Fair Trial Non Discrimination +2 more

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Parties

Crospery Gabriel

Applicant

Ernest Mutakyawa

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

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

Ratio Decidendi

The mandatory imposition of the death penalty for murder under Tanzanian law, without judicial discretion, violates the right to life (Article 4) and the right to dignity (Article 5) as protected by the African Charter. The applicants' fair trial rights were not violated as the national courts considered the evidence and provided reasoned judgments. No sufficient evidence was provided to establish violations of non-discrimination or equality before the law.

Court Disposition

Partial finding for applicants; violations of right to life and dignity established; other claims dismissed.

Orders

  • Respondent to pay each applicant 300,000 Tanzanian shillings as moral damages within six months, tax-free, with interest for late payment.
  • Respondent to amend its Penal Code within six months to remove the mandatory death penalty and align with the Charter.