AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS JUDGMENT
Introduction
On the 5th February 2025, the African Court on Human and Peoples’ Rights delivered its judgment on Application No. 003 of 2018, in the case of Ladislaus Chalula vs Republic of Tanzania. The case was initially filed on 2nd March 2018, with an application for interim measures submitted on 6th May 2019, which led to provisional measures being ordered on 17th May 2019. The Applicant later filed an affidavit supporting the submissions on reparations on the 20th March 2021.
The landmark judgment addresses significant human rights violations related to the death penalty and its application, particularly in the context of Tanzania’s judicial processes. The Pan African Lawyers Union (PALU) represented the Applicant. Notably, PALU also acknowledged the invaluable assistance provided by the Cornell Center on the Death Penalty Worldwide, which played a key role in the success of the case.
Key Findings of the Judgment.
The African Court made several critical findings in this case, focusing on violations of fundamental rights guaranteed under the African Charter on Human and Peoples’ Rights (the Charter), as well as clear orders directed at the Government of Tanzania to address these violations:
Violation of the right to life (Article 4 of the Charter)
The Court found that the mandatory imposition of the death penalty in Tanzania violated the right to life. The Court specifically addressed the compulsory nature of the death sentence, ruling that the imposition of the death penalty without the possibility of judicial discretion was contrary to the principles of human rights.
Tanzania was ordered to remove the mandatory death penalty from its Penal Code within one year from the notification of the judgment.
Violation of the Right to Dignity (Article 5 of the Charter)
The Court also found that the method of executing the death penalty in Tanzania – hanging – constituted a violation of the Applicant’s right to dignity. The Court emphasized that this method of execution is inhumane and degrading.
Tanzania was consequently instructed to eliminate hanging as a method of execution within one year from the notification of the judgement.
Publication of the Judgment.
The Court ordered Tanzania to publish the judgment on the websites of it Judiciary and the Ministry for Constitutional and Legal Affairs, ensuring that the text is accessible for at least one year after publication.
Tanzania was directed to submit a report within six months of the judgment’s notification, detailing the steps taken to implement the Court’s orders. The Government must continue to provide updates every six months until the African Court deems full implementation has been achieved.
Significance of the Judgment.
This ruling marks a significant step towards the protection of fundamental human rights in Tanzania, specifically in relation to the application of the death penalty. The African Court’s decision sets a strong precedent for the protection of life and dignity under international human rights law, especially regarding the practice of capital punishment.
The orders directed at Tanzania aim to ensure that judicial discretion is restored in death penalty cases and that the methods of execution align with international human rights standards. Furthermore, the publication and monitoring requirements ensure that the Court’s decision is fully implemented and publicly accessible.
The African Court’s ruling in Ladislaus Chalula v United Republic of Tanzania serves as a critical reminder of the ongoing need for reforms in the criminal justice systems of African States to safeguard human rights, particularly in the context of the death penalty. This judgment has far-reaching implications for future human rights cases involving capital punishment and will undoubtedly influence similar cases across the continent.