damian c republique unie de tanzanie requete n 0482016 2024 afchpr 8 4 juin 2024

damian c republique unie de tanzanie requete n 0482016 2024 afchpr 8 4 juin 2024

The Court held that the mandatory death penalty as applied in Tanzania violates Article 4 of the African Charter because it is arbitrary, deprives the judge of discretion, and does not allow consideration of the nature of the offence or the circumstances of the offender. The Court also found that execution by...

Source-derived case information.

Citation
damian c republique unie de tanzanie requete n 0482016 2024 afchpr 8 4 juin 2024
Parties
Applicant: Dominick Damian; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed; violations of right to life and dignity found; reparations awarded; other claims dismissed.
Legal Topics
Right to Life, Death Penalty, Right to Dignity, Right to Fair Trial, Cruel and Inhuman Treatment, Judicial Remedies
Source Language
en
Human Rights Law Criminal Law Constitutional Law Right to Life Death Penalty Right to Dignity Right to Fair Trial Cruel and Inhuman Treatment +1 more

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Parties

Dominick Damian

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 mandatory death penalty by hanging violates the right to dignity and freedom from cruel, inhuman or degrading treatment under Article 5 of the Charter
  3. 3 Whether the applicant's right to a fair trial under Article 7 of the Charter was violated (including right to be tried within a reasonable time, right to defence, presumption of innocence, impartial tribunal)

Ratio Decidendi

The Court held that the mandatory death penalty as applied in Tanzania violates Article 4 of the African Charter because it is arbitrary, deprives the judge of discretion, and does not allow consideration of the nature of the offence or the circumstances of the offender. The Court also found that execution by hanging violates Article 5 as it constitutes cruel, inhuman and degrading treatment. The Court rejected the applicant's claims regarding violations of the right to a fair trial, except for the finding that the mandatory nature of the death penalty and its execution by hanging were incompatible with the Charter.

Court Disposition

Application partly allowed; violations of right to life and dignity found; reparations awarded; other claims dismissed.

Orders

  • State to annul the death sentence against the applicant and remove him from death row.
  • State to amend its laws to abolish the mandatory death penalty and hanging as a method of execution within six months.