E. Violation of the right to dignity through imposition of the mandatory death penalty by hanging 120. The Court observes that the Applicant only raised the violation of the right to dignity arising from the brutalisation by the police authorities and not with respect to the mandatory imposition of the death penalty by hanging. However, in Ally Rajabu and Others v. United Republic of Tanzania, the Court observed that many methods used to implement the death penalty have the potential of amounting to torture, as well as cruel, inhuman and degrading treatment given the amount of suffering and pain involved. It has also held that hanging a person is one of such methods that is inherently degrading.65 The Court further recalls its position in the matter of Amini Juma v. United Republic of Tanzania where it held that the execution of the death penalty by hanging encroaches upon the dignity of a person in respect of the prohibition of torture and cruel, inhuman and degrading treatment.66 121. The Court reiterates its position that in accordance with the very rationale for prohibiting methods of execution that amount to torture or cruel, inhuman and degrading treatment, the prescription should be that methods of execution must exclude suffering or involve the least suffering possible in cases where the death penalty is permissible.67 122. Having found that the mandatory imposition of the death sentence violates the right to life due to its obligatory nature, the Court holds that, as the method of implementation of that sentence, that is, by hanging, inevitably encroaches upon dignity in respect of the prohibition of torture and cruel, inhuman and degrading treatment.68 123. Given the above, the Court finds that the Respondent State violated the Applicant’s right to dignity and not to be subjected to cruel, inhuman or 65 Rajabu and Others v. Tanzania (merits and reparations), supra, §§ 118-119. 66 Juma v. Tanzania (judgment), supra, § 136. 67 Rajabu and Others v. Tanzania (merits and reparations), supra, § 118. 68 Ibid, §§ 119-120. 33

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