william c republique unie de tanzanie requete n 0302016 2024 afchpr 3 13 fevrier 2024

william c republique unie de tanzanie requete n 0302016 2024 afchpr 3 13 fevrier 2024

The Court held that the mandatory imposition of the death penalty under Tanzanian law, which excludes judicial discretion and does not allow consideration of mitigating circumstances, constitutes an arbitrary deprivation of the right to life and a violation of the right to dignity under Articles 4 and 5 of the...

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Citation
william c republique unie de tanzanie requete n 0302016 2024 afchpr 3 13 fevrier 2024
Parties
Applicant: Romward William; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Application for Human Rights Violations / Final Judgment
Outcome
Application partly granted, partly dismissed
Legal Topics
Right to Life, Right to Dignity, Death Penalty, Non Discrimination, Fair Trial, Remedies
Source Language
en
Human Rights Law Criminal Law Right to Life Right to Dignity Death Penalty Non Discrimination Fair Trial Remedies

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Parties

Romward William

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Application for Human Rights Violations / 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 mandatory death penalty violates the right to dignity under Article 5 of the African Charter
  3. 3 Whether the applicant's right to a fair trial was violated under Article 7 of the African Charter

Ratio Decidendi

The Court held that the mandatory imposition of the death penalty under Tanzanian law, which excludes judicial discretion and does not allow consideration of mitigating circumstances, constitutes an arbitrary deprivation of the right to life and a violation of the right to dignity under Articles 4 and 5 of the African Charter. The Court found no violation of the right to a fair trial regarding the assessment of evidence.

Court Disposition

Application partly granted, partly dismissed

Orders

  • Respondent to pay applicant 300,000 Tanzanian shillings as moral damages within six months, tax-free, with interest for late payment at the central bank rate.
  • Respondent to amend its Penal Code within six months to abolish the mandatory nature of the death penalty and the use of hanging as a method of execution.