Litigating before the African Court on Human and Peoples’ Rights

Ally Rajabu & others v United Republic of Tanzania (Appl. No.007/2015)

Litigating before the African Court on Human and Peoples’ Rights Ally Rajabu & others v United Republic of Tanzania (Appl. No.007/2015) Bw Advocates December 14, 2022 Litigating before the African Court on Human and Peoples’ Rights Ally Rajabu & others v United Republic of Tanzania (Appl. No.007/2015) Bw Advocates December 14, 2022 Litigating before the […]

Being lawyers at the African Court, we successfully defended Mr. Ally Rajabu Ally Rajabu and 5 Others (Applicants) before the African Court on Human and Peoples’ rights (See Ally Rajabu & Others Vs. The United Republic of Tanzania (URT), Application No. 007/2015). Brief facts of the case are that; the Applicants alleged that the provision under section 197 in the Penal Code of Tanzania for the mandatory imposition of the death penalty in cases of murder and the imposition of that penalty by Tanzanian domestic courts constituted a violation of their right to life guaranteed by Article 4 of the African Charter on Human and Peoples’ Rights (the Charter). They further alleged that their execution by hanging as ordered by domestic courts violates their right to dignity protected under Article 5 of the Charter.
In the Judgment that was read on 28 th November 2019, the African Court on Human and Peoples’ Rights found as a consequence that the mandatory provision and imposition of the death sentence under Tanzania’s Penal Code does not uphold fairness and due process as guaranteed under Article 7(1) of the African Charter. The Court further held that, the mandatory death sentence for murder in Section 197 of the Tanzanian Penal Code constitutes an arbitrary deprivation of the right to life and therefore that the Respondent State has violated Article 4 of the Charter. The Court therefore made a consequential order that the Respondent State undertakes the necessary measures to repeal from its Penal Code, the provision for the mandatory imposition of the death penalty in cases of murder. The Court also awarded each of the Applicants an amount of Tanzanian Shillings Four Million (TZS 4,000,000) for moral damages.

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