jeshi c republique unie de tanzanie requete n 0172016 2024 afchpr 2 13 fevrier 2024

jeshi c republique unie de tanzanie requete n 0172016 2024 afchpr 2 13 fevrier 2024

The Court found that the mandatory death penalty imposed on the applicant violated his right to life under Article 4 of the African Charter, and that execution by hanging violated his right to dignity under Article 5. The Court found no violation of the applicant's rights to a fair trial, non-discrimination, or...

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Citation
jeshi c republique unie de tanzanie requete n 0172016 2024 afchpr 2 13 fevrier 2024
Parties
Applicant: Deogratius Nicholaus Jeshi; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partially upheld
Legal Topics
Right to Life, Right to Dignity, Mandatory Death Penalty, Fair Trial, Non Discrimination, Equality Before the Law
Source Language
en
Human Rights Law Constitutional Law Criminal Law Right to Life Right to Dignity Mandatory Death Penalty Fair Trial Non Discrimination +1 more

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Parties

Deogratius Nicholaus Jeshi

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

Ratio Decidendi

The Court found that the mandatory death penalty imposed on the applicant violated his right to life under Article 4 of the African Charter, and that execution by hanging violated his right to dignity under Article 5. The Court found no violation of the applicant's rights to a fair trial, non-discrimination, or equality before the law, as the domestic courts had properly considered the evidence and the applicant failed to substantiate claims of discrimination or unequal treatment.

Court Disposition

Application partially upheld

Orders

  • The respondent state must abolish the mandatory death penalty within six months.
  • The respondent state must review the applicant's conviction and sentence within one year in a process that allows judicial discretion.