kakobeka c republique unie de tanzanie requete n 0292016 2023 afchpr 45 4 decembre 2023

kakobeka c republique unie de tanzanie requete n 0292016 2023 afchpr 45 4 decembre 2023

The mandatory death penalty under Tanzanian law is arbitrary and violates Article 4 of the African Charter; execution by hanging violates Article 5; the applicant failed to prove violations of fair trial, non-discrimination, and equality before the law; the Court is competent and the application is admissible.

Source-derived case information.

Citation
kakobeka c republique unie de tanzanie requete n 0292016 2023 afchpr 45 4 decembre 2023
Parties
Applicant: Kachukura Nshekanabo Kakobeka; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed, partly dismissed
Legal Topics
Right to Life, Mandatory Death Penalty, Right to Dignity, Fair Trial, Non Discrimination, Equality Before the Law
Source Language
en
Human Rights Law Criminal Law Right to Life Mandatory Death Penalty Right to Dignity Fair Trial Non Discrimination Equality Before the Law

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Parties

Kachukura Nshekanabo Kakobeka

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the mandatory death penalty under Tanzanian law 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 Charter
  3. 3 Whether the applicant's right to a fair trial was violated under Article 7(1)

Ratio Decidendi

The mandatory death penalty under Tanzanian law is arbitrary and violates Article 4 of the African Charter; execution by hanging violates Article 5; the applicant failed to prove violations of fair trial, non-discrimination, and equality before the law; the Court is competent and the application is admissible.

Court Disposition

Application partly allowed, partly dismissed

Orders

  • State to annul the mandatory death sentence and remove applicant from death row
  • State to amend its Penal Code to remove mandatory death penalty within six months