bazil c republique unie de tanzanie requete n 0272018 2024 afchpr 27 13 novembre 2024

bazil c republique unie de tanzanie requete n 0272018 2024 afchpr 27 13 novembre 2024

The mandatory imposition of the death penalty and its execution by hanging violate the applicant's rights to life and dignity under Articles 4 and 5 of the African Charter. The applicant's fair trial rights were not violated as the conviction was based on credible evidence and proper judicial process.

Source-derived case information.

Citation
bazil c republique unie de tanzanie requete n 0272018 2024 afchpr 27 13 novembre 2024
Parties
Applicant: Lameck Bazil; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Partially allowed
Legal Topics
Right to Life, Right to Dignity, Fair Trial, Death Penalty
Source Language
en
Human Rights Law Criminal Law Right to Life Right to Dignity Fair Trial Death Penalty

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Summary, issues, holding and outcome

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Parties

Lameck Bazil

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the mandatory death penalty violates the right to life and dignity
  2. 2 Whether the applicant's right to a fair trial was violated

Ratio Decidendi

The mandatory imposition of the death penalty and its execution by hanging violate the applicant's rights to life and dignity under Articles 4 and 5 of the African Charter. The applicant's fair trial rights were not violated as the conviction was based on credible evidence and proper judicial process.

Court Disposition

Partially allowed

Orders

  • State must abolish mandatory death penalty within six months
  • State must annul applicant's death sentence, remove him from death row, and hold new sentencing hearing within one year