nyerere c republique unie de tanzanie requete n 0232018 2023 afchpr 24 13 novembre 2023

nyerere c republique unie de tanzanie requete n 0232018 2023 afchpr 24 13 novembre 2023

The Court found that the mandatory imposition of the death penalty under Tanzanian law violates the right to life (Article 4) and the method of execution by hanging violates the right to dignity (Article 5) of the African Charter. The Court rejected the applicant's claims of torture and unfair trial, finding no...

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Citation
nyerere c republique unie de tanzanie requete n 0232018 2023 afchpr 24 13 novembre 2023
Parties
Applicant: Rashidi Romani Nyerere; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partially granted
Legal Topics
Right to Life, Right to Dignity, Death Penalty, Torture, Fair Trial, Obligatory Sentencing, Judicial Remedies
Source Language
en
Human Rights Law Criminal Law Right to Life Right to Dignity Death Penalty Torture Fair Trial Obligatory Sentencing +1 more

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Parties

Rashidi Romani Nyerere

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 method of execution by hanging violates the right to dignity under Article 5 of the Charter
  3. 3 Whether the applicant was subjected to torture or forced confession

Ratio Decidendi

The Court found that the mandatory imposition of the death penalty under Tanzanian law violates the right to life (Article 4) and the method of execution by hanging violates the right to dignity (Article 5) of the African Charter. The Court rejected the applicant's claims of torture and unfair trial, finding no manifest error in the domestic courts' evaluation of evidence. The Court ordered the respondent State to annul the applicant's death sentence, remove him from death row, amend its laws to abolish the mandatory death penalty and hanging as a method of execution, and awarded moral damages.

Court Disposition

Application partially granted

Orders

  • Annulment of the applicant's death sentence and removal from death row
  • Order to amend Tanzanian law to abolish the mandatory death penalty within six months