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Tanzania decisions
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The African Court held that Tanzania’s mandatory death penalty violated the rights to life and dignity, but rejected the Applicant’s fair trial claims.
The mandatory imposition of the death penalty under Tanzanian law constitutes an arbitrary deprivation of the right to life, violating Article 4 of the Charter. Execution by hanging is inherently degrading and violates Article 5. No violation was found regarding fair trial or equality before the law, as domestic proceedings did not reveal manifest errors or injustice.
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The mandatory imposition of the death penalty under Tanzanian law, without allowing judicial discretion to consider the nature of the offence and the circumstances of the offender, constitutes an arbitrary deprivation of the right to life under Article 4 of the Charter. The imposition of the death penalty by hanging and prolonged detention on death row violate the right to dignity and the prohibition of cruel, inhuman or degrading treatment under Article 5. The Applicant's right to a fair trial under Article 7(1)(d) was violated due to unreasonable pre-trial detention. The Respondent State al…
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The African Court ordered Ghana to halt Dexter Eddie Johnson’s execution while his application was pending, finding prima facie jurisdiction and a risk of irreparable harm.
Given the applicant faces imminent execution and the application reveals a situation of extreme gravity and risk of irreparable harm, the Court finds it necessary to order provisional measures to preserve the status quo until the main application is decided.
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