Commemoration of the World Day Against the Death Penalty

On October 10, 2024, the Legal and Human Rights Centre (LHRC) commemorated the 22nd World Day Against the Death Penalty, an annual global event opposing capital punishment, at the Holiday Inn Hotel in Dar es Salaam. This year's theme was “The Death Penalty Protects No One: Abolish It Now.” Various stakeholders opposed to the death penalty attended the event, which was opened by LHRC's Executive Director, Dr. Anna Henga.

The right to life is a fundamental human right enshrined in international law. Article 1 of the Universal Declaration of Human Rights, Article 6(1) of the International Covenant on Civil and Political Rights (ICCPR), and Article 4 of the African Charter on Human and Peoples’ Rights all affirm this right. Additionally, Article 14 of the Constitution of the United Republic of Tanzania of 1977 guarantees the right to life for every individual.

The death penalty remains a mandatory punishment in Tanzania, imposed by the High Court for crimes such as murder, treason, and certain military offenses, where the convicted person is sentenced to death by hanging. Once these crimes are proven in court, the perpetrator is automatically subjected to this punishment.

The debate surrounding the death penalty has persisted, with many proponents often lacking a nuanced understanding of the concept and purpose of punishment. Legally and socially, the primary aim of punishment is to rehabilitate the offender, encouraging them to serve as a positive example for others and to prevent recidivism. In contrast, the death penalty eliminates the possibility of rehabilitation by taking the life of a person who could serve as a role model. As a result, this punishment can inadvertently contribute to the continuation of such crimes in society.

Furthermore, there have been numerous instances where flaws in the criminal justice system have been uncovered for individuals sentenced to death. In some cases, when appeals or judicial reviews were pursued, these flaws led to acquittals. Unfortunately, those who are unable to appeal or seek judicial review are left to await execution.

Rose Malle, a former death row inmate, shared her experience: "The reality for death row inmates is indescribable. Many of them are elderly, having spent years in prison without knowing their fate. Psychologically, most are not well; they suffer from mental health problems due to constant fear. Anytime someone says, 'I might be hanged,' or if there's a knock on the door at night, they think, 'Are they coming to take me?'"