By John Ikani
The African Court on Human and Peoples’ Rights has reignited its fight against Tanzania’s use of the death penalty.
In a recent judgment on two separate cases, the court reiterated its demand for the country to revoke capital punishment altogether, citing its violation of the African Charter on the right to life.
The court, based in Arusha, Tanzania, emphasized that mandatory death sentences are illegal under the Charter.
It gave Tanzania six months to remove this practice from its legal code.
The cases involved Nzigiyimana Zabron, a Burundian national, and Dominick Damian, a Tanzanian citizen.
Both men were convicted of murder and have spent the past twelve years on death row at Butimba Central Prison in Mwanza.
This isn’t the first time the African Court has urged Tanzania to abolish capital punishment.
Similar orders have been issued in recent years, but the death penalty remains enshrined in the country’s Penal Code.
This persistence comes despite growing opposition, with many viewing capital punishment as a relic of colonialism.
Tanzania joins a group of African nations defying a 1999 resolution by the African Commission on Human and People’s Rights.
This resolution called for a moratorium on executions across the African Union.
While a complete abolition remains rare, significant progress has been made.
Since 2014, eight African countries have officially eliminated capital punishment.
Others are considering following suit, although they continue to hand down death sentences for major crimes.
Interestingly, neither Tanzania nor Kenya, which also retains the death penalty, have carried out executions in recent decades.
Tanzania’s last execution occurred in 1995, while Kenya’s last one was in 1987.
In 2023, a Tanzanian government commission tasked with judicial reform proposed a more “humane” approach – commuting death sentences to life imprisonment.
The commission, led by former chief justice Mohamed Chande Othman, acknowledged a deep national divide regarding capital punishment’s effectiveness in deterring serious crimes.
Currently, Tanzania reserves the death penalty for two offences: murder and treason.
The commission recommended amending the Penal Code to allow for alternative punishments for murder.
These punishments would consider the specific circumstances of each case. Notably, the proposal suggests converting sentences to life imprisonment if an execution is delayed for more than three years.
Official records show that as of May 2023, Tanzanian prisons held 691 individuals awaiting execution.
The African Court rejected appeals from Zabron and Damian to overturn their convictions entirely.
The court found sufficient evidence to establish their guilt during their respective trials, with no indication of a “miscarriage of justice.”
However, the court ruled that their death sentences by hanging must be revoked immediately. It ordered new sentencing hearings within a year.
These hearings must utilize a process that “doesn’t allow the mandatory imposition of the death sentence” and empowers the judge to consider other potential punishments.
The court condemned Tanzania’s use of mandatory death sentences, stating that it violates the right to life enshrined in Article 4 of the African Charter.
It argued that such a system removes judicial discretion, forcing judges to impose the death penalty regardless of the circumstances.
Furthermore, the court denounced hanging as a method of execution, calling it “torture and cruel, inhuman and degrading treatment” that breaches Article 5 of the Charter.
The court’s decision extends beyond the immediate cases of Zabron and Damian. It compels Tanzania to acknowledge the broader violations of the right to life.
To achieve this, the court ordered Tanzania to publish the judgments on the websites of its judiciary and legal affairs ministry for a full year, starting within three months.
