henerico c republique unie de tanzanie requete n 0562016 2022 afchpr 13 10 janvier 2022

henerico c republique unie de tanzanie requete n 0562016 2022 afchpr 13 10 janvier 2022

The mandatory imposition of the death penalty for murder under Tanzanian law, without judicial discretion and without consideration of individual circumstances including mental health, constitutes an arbitrary deprivation of the right to life and violates the right to a fair trial and dignity. The mode of execution...

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Citation
henerico c republique unie de tanzanie requete n 0562016 2022 afchpr 13 10 janvier 2022
Parties
Applicant: Gozbert Henerico; 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
Legal Topics
Right to Life, Right to Dignity, Right to Fair Trial, Death Penalty, Mental Health in Criminal Justice, Delay in Criminal Proceedings, Mandatory Sentencing
Source Language
en
Human Rights Criminal Law Right to Life Right to Dignity Right to Fair Trial Death Penalty Mental Health in Criminal Justice Delay in Criminal Proceedings +1 more

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Parties

Gozbert Henerico

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether mandatory death penalty violates right to life and dignity
  2. 2 Whether delay in trial violates right to fair trial
  3. 3 Whether failure to consider mental health violates fair trial

Ratio Decidendi

The mandatory imposition of the death penalty for murder under Tanzanian law, without judicial discretion and without consideration of individual circumstances including mental health, constitutes an arbitrary deprivation of the right to life and violates the right to a fair trial and dignity. The mode of execution by hanging is inherently degrading. The excessive delay in bringing the applicant to trial further violated his right to a fair trial.

Court Disposition

Application partly allowed

Orders

  • Respondent to pay applicant 5,000,000 Tanzanian shillings as compensation for moral prejudice within six months, tax-free, with interest for delay.
  • Respondent to reopen and finalize criminal proceedings within one year, without mandatory death penalty and with full judicial discretion.