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Justice - 8 June 2026

African Court Urges Tanzania to Repeal Mandatory Death Penalty for Murder Convictions

By Amina Kabasele3 min readFrançais

Arusha, June 8, 2026 - The African Court on Human and Peoples’ Rights has called on Tanzania to remove the mandatory death penalty from its Penal Code, ruling that the current legal framework violates international human rights standards.

The court’s ruling, issued on June 5, 2026, challenges Article 197 of Tanzania’s Penal Code, which prescribes death by hanging as the sole sentence for individuals convicted of murder.

According to the court, the absence of judicial discretion in sentencing undermines fundamental legal principles and infringes on the right to life, as protected under international human rights treaties to which Tanzania is a signatory.

The three-judge panel, presided over by Judge Blaise Tchikaya, concluded that mandatory capital punishment is incompatible with evolving human rights standards, and urged Tanzanian authorities to abolish the practice or amend the law to allow alternative sentencing options.

The case was brought before the court by three death row inmates who argued that their convictions violated their rights to life, dignity, and access to fair legal representation.

In its judgment, the court emphasized that sentencing frameworks must allow judges to consider individual circumstances rather than imposing a uniform punishment for all cases of murder.

The ruling has reignited debate over the use of capital punishment in Tanzania, where the death penalty remains legally in force but is rarely carried out in practice.

Human rights advocates argue that the decision could mark a significant step toward broader abolition efforts across the region, while legal analysts note that implementation will depend on legislative reforms by Tanzanian authorities.

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