Tanzania Ordered to Abolish Mandatory Death Penalty and Hanging

 

The African Court on Human and Peoples’ Rights has ordered the government of Tanzania to urgently remove all legal provisions imposing the mandatory death penalty and abolish execution by hanging, ruling that these practices violate the right to life and human dignity.

This landmark judgment was delivered and read on June 5, 2026, in Arusha by a panel of eight judges led by the President of the Court, Justice Blaise Tchikaya, in the consolidated matter of Chacha Jeremiah and Two Others v. United Republic of Tanzania.

The case originated from applications filed by three Tanzanian nationals—Chacha Jeremiah, Methew Jeremiah Daud, and Paschal Ligoye Mashiku. At the time of filing, they were incarcerated at Butimba Central Prison in Mwanza, having been convicted of murder and sentenced to death by hanging.

In its assessment, the Court noted that the mandatory imposition of the death penalty deprives trial judges of their judicial discretion. This prevents them from considering the specific circumstances of the accused and the offence during sentencing, which constitutes a violation of due process.

Furthermore, the panel of judges rejected Tanzania’s preliminary objection regarding the Court's jurisdiction. The Court emphasized that Tanzania’s November 2019 withdrawal of its Declaration allowing individuals to directly file cases (Article 34(6)) did not affect this matter. This is because the withdrawal took effect in November 2020, whereas this application had already been filed earlier in August 2019.

Beyond the order to amend domestic laws, the Court directed the government to vacate the death sentences of the applicants and remove them from death row. It ordered that their cases be reheard strictly for re-sentencing through a procedure that permits judicial discretion. Additionally, the Court ordered the state to pay each applicant Tanzanian Shillings One Hundred Thousand (TZS 100,000) as compensation for the moral prejudice and psychological suffering endured.

The government must now publish this judgment on the official websites of the Judiciary of Tanzania and the Ministry for Constitutional and Legal Affairs within three months. The publication must remain accessible to the public for a minimum period of one year.

Breakdown of Separate Judgments and Opinions

The final decision included several individual opinions from the panel:

Justice Rafaâ Ben Achour (Dissenting Opinion): Disagreed with the majority's finding on the right to be tried within a reasonable time, arguing that the pre-trial delay was unreasonable.

Justice Modibo Sacko (Partial Dissenting Opinion): Contested the specific financial amount granted to the applicants for moral damages.

Justice Dennis D. Adjei (Separate Opinion): Provided detailed analysis on the calculation of reasonable trial time, the legal consequences when a death sentence is commuted to life imprisonment, and how reparations for moral damages should be determined.

Justice Blaise Tchikaya and Justice Dumisa B. Ntsebeza (Declarations): Issued formal individual statements focusing specifically on the legal and human rights issues surrounding the death penalty.