African Court President Hon. Justice Sylvain Oré (L) Visits Tanzanian President Samia Suluhu Hassan to Discuss Pan-African Legal Matters and Bid Farewell – May 27, 2021. Photo: State House
Landmark Ruling: African Court Calls for End to Death Penalty in Tanzania, Ignites Global Debate
By Adonis Byemelwa
The African Court on Human and Peoples’ Rights has reiterated its longstanding call for Tanzania to abolish the death penalty, citing violations of the African Charter on the right to life. In a recent judgment, the court ordered Tanzania to remove mandatory capital punishment from its legal statutes within six months.
This decision comes after years of similar orders from the continental court, highlighting the ongoing debate surrounding the death penalty in Tanzania. Despite growing opposition, the punishment remains entrenched in the country’s Penal Code, a legacy of its colonial past.
Tanzania is among several African nations that still uphold the death penalty, despite calls for a moratorium from the African Commission for Human and People’s Rights since 1999. Only a handful of countries have abolished it in both law and practice in the past decade, while others, like Tanzania, continue to impose the sentence for serious offenses.
Across Europe, the death penalty is widely condemned, with many countries legally abolishing it and advocating for global eradication. Photo: Courtesy
Critics argue that the death penalty is not only inhumane but also ineffective as a deterrent to crime. Dar es Salaam-based lawyer Edwin Mugambila has previously highlighted the flaws in Tanzania’s approach, emphasizing the need for alternative punishments and judicial discretion in sentencing.
The recent judgment by the African Court has reignited discussions on the merits of capital punishment, with calls for Tanzania to adopt more humane alternatives, such as life imprisonment. The court’s rejection of mandatory death sentences underscores the importance of preserving judicial discretion and upholding human rights standards.
As Tanzania grapples with these legal and ethical challenges, the spotlight remains on the broader implications of the death penalty and the quest for justice in the country’s legal system. This issue transcends borders, resonating with citizens and activists worldwide who oppose the death penalty on moral, ethical, and practical grounds.
In countries like the United Kingdom, where the death penalty was abolished in 1965, there’s a deep-seated belief that state-sanctioned executions have no place in modern society.
Advocates argue that the risk of executing innocent individuals, coupled with the lack of evidence supporting its deterrent effect, renders the death penalty inherently flawed and irreconcilable with principles of justice and human rights.
Similarly, in Australia, where capital punishment was abolished in the 1980s, there’s a strong consensus that the death penalty is a violation of fundamental human rights and fails to address the root causes of crime. Instead, there’s a growing emphasis on rehabilitation, restorative justice, and addressing systemic issues such as poverty, inequality, and access to education and healthcare.
The European Union, for instance, has made the abolition of the death penalty a cornerstone of its human rights policy, emphasizing the need for a progressive, humane approach to criminal justice.
In navigating these complex legal and ethical dilemmas, Tanzania finds itself at a pivotal juncture in its dedication to upholding human rights and advancing a just and equitable legal system. The challenge extends beyond the mere abolition of the death penalty; it encompasses the cultivation of a culture rooted in justice, accountability, and the profound respect for human dignity.
