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 no fair trial violation in Lameck Bazil’s murder conviction, but held that Tanzania’s mandatory death penalty and hanging violated the rights to life and dignity.
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…