mwita c republique unie de tanzanie requete n 0122019 2022 afchpr 45 1 decembre 2022

mwita c republique unie de tanzanie requete n 0122019 2022 afchpr 45 1 decembre 2022

The Court held that the mandatory imposition of the death penalty for murder under Tanzanian law violates the right to life (Article 4) because it deprives judges of discretion to consider mitigating circumstances, resulting in arbitrary deprivation of life. The Court further found that the mode of execution...

Source-derived case information.

Citation
mwita c republique unie de tanzanie requete n 0122019 2022 afchpr 45 1 decembre 2022
Parties
Applicant: Ghati Mwita; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed; violations found; reparations ordered.
Legal Topics
Right to Life, Right to Dignity, Right to a Fair Trial, Mandatory Death Penalty, Cruel and Inhuman Punishment, Judicial Discretion, Delayed Trial, Compensation for Moral Damages
Source Language
en
Human Rights Law Criminal Law Right to Life Right to Dignity Right to a Fair Trial Mandatory Death Penalty Cruel and Inhuman Punishment Judicial Discretion +2 more

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Parties

Ghati Mwita

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) and prolonged detention on death row violate the right to dignity under Article 5
  3. 3 Whether the applicant's right to a fair trial under Article 7 was violated, including delay, presumption of innocence, sufficiency of evidence, and effective legal representation

Ratio Decidendi

The Court held that the mandatory imposition of the death penalty for murder under Tanzanian law violates the right to life (Article 4) because it deprives judges of discretion to consider mitigating circumstances, resulting in arbitrary deprivation of life. The Court further found that the mode of execution (hanging) and prolonged detention on death row constitute cruel, inhuman, and degrading treatment, violating the right to dignity (Article 5). The Court also found a violation of the right to be tried within a reasonable time (Article 7(1)(d)) due to unjustified delay between arrest and trial. However, the Court found no violation regarding presumption of innocence, sufficiency of...

Court Disposition

Application partly allowed; violations found; reparations ordered.

Orders

  • State to abolish the mandatory death penalty within six months.
  • State to review the applicant's sentence in a procedure allowing judicial discretion within one year.