torture and ill-treatment. They submit that the judgment fails to mention, still
less to address, the allegations of ill-treatment; and that the authorities have
continuously failed to take any steps to investigate the allegations of illtreatment or the questions raised by the FMA reports.
119. The Complainants also contend that the carrying out of a death sentence
using a particular method of execution may amount to cruel inhuman or
degrading treatment or punishment if the suffering caused in execution of the
sentence is excessive and goes beyond that strictly necessary. They further
argue that where a death sentence has been imposed “it must be carried out
in such a way as to cause the least possible physical and mental suffering.”31
This approach they submit was tested and applied in the case of Ng v.
Canada where it was found that the particular method of gas asphyxiation
fell foul of it.32
120. The Complainants submit that in the present case, the victims have been
sentenced to death by hanging. Hanging, they contend, is a notoriously slow
and painful means of execution. If carried out without appropriate attention
to the weight of the person condemned, hanging can result either in slow and
painful strangulation, because the neck is not immediately broken by the
drop, or, at the other extreme, in the separation of the head from the body.
The risk of either possibility is not compatible with respect for the inherent
dignity of the individual and the duty to minimize unnecessary suffering.
Alleged Violation of Articles 7(1) and 26 (Right to Fair Trial and Independent
Judiciary)
121. The Complainants argue that the victims right to a fair trial was violated in
that;
31
Human Rights Committee, General Comment No. 20, para. 6.
32
Ng v. Canada (Comm. No 469/1991), Human Rights Committee, 7 January 1994, UN doc. CCPR/C/49/D/469/1991, para.
16.2 and 16.4.
31