kalonge c republique unie de tanzanie requete n 0242018 2024 afchpr 28 13 novembre 2024

kalonge c republique unie de tanzanie requete n 0242018 2024 afchpr 28 13 novembre 2024

The mandatory imposition of the death penalty under Tanzanian law deprived the applicant of judicial discretion and violated the right to life under Article 4 of the African Charter; execution by hanging violates the right to dignity under Article 5; no violation found regarding fair trial, family, or free movement...

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Citation
kalonge c republique unie de tanzanie requete n 0242018 2024 afchpr 28 13 novembre 2024
Parties
Applicant: Gerald Koroso Kalonge; 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
Legal Topics
Right to Life, Right to Dignity, Death Penalty, Fair Trial, Mandatory Sentencing, Right to Family, Right to Free Movement
Source Language
en
Human Rights Law Criminal Law Right to Life Right to Dignity Death Penalty Fair Trial Mandatory Sentencing Right to Family +1 more

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Parties

Gerald Koroso Kalonge

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether 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
  3. 3 Whether the applicant's fair trial rights under Article 7 were violated

Ratio Decidendi

The mandatory imposition of the death penalty under Tanzanian law deprived the applicant of judicial discretion and violated the right to life under Article 4 of the African Charter; execution by hanging violates the right to dignity under Article 5; no violation found regarding fair trial, family, or free movement rights as the conviction was based on sufficient evidence and proper procedure.

Court Disposition

Application partly allowed

Orders

  • Applicant awarded 300,000 Tanzanian shillings for moral damages
  • Respondent to annul mandatory death penalty imposed on applicant and remove him from death row