The African Court held that Tanzania’s mandatory death penalty violated the right to life and that hanging violated dignity, but dismissed the other claims.
The African Court found Tanzania violated Zabron’s rights to life, dignity, fair trial, and consular assistance, but not effective legal representation or interpreter rights.
The Court found that the mandatory imposition of the death penalty for murder under Section 197 of the Respondent State's Penal Code violates Article 4 of the Charter by arbitrarily depriving individuals of the right to life, as it removes judicial discretion and fails to consider individual circumstances. Furthermore, execution by hanging is inherently degrading and violates Article 5 of the Charter. The Applicants' claims regarding violations of the right to a fair trial, non-discrimination, and equal protection were dismissed due to lack of substantiation and evidence. The Court held that…
The Court held that the mandatory imposition of the death penalty under Section 197 of the Tanzanian Penal Code constitutes an arbitrary deprivation of the right to life, violating Article 4 of the African Charter. The Court reaffirmed its jurisprudence that such mandatory sentencing precludes judicial discretion and consideration of mitigating factors, rendering the penalty arbitrary. Furthermore, the method of execution by hanging is inherently degrading and violates the right to dignity under Article 5 of the Charter. The Court found no violation of the Applicant's fair trial rights under…
The Court found that the denial of bail was lawful, justified, and proportionate under Tanzanian law and the Charter, as armed robbery is specifically excluded from bail eligibility. No evidence was provided of discriminatory treatment, so the equality claim failed. The applicant participated in trial and appellate proceedings, and his absence at the High Court was by choice, not a procedural violation. The reconstitution of the record was permissible, and no proof of falsification was presented. However, the Court held that the applicant, being indigent and facing a severe penalty, should ha…