0013{l 147. ln the instant matter, while the death sentence is yet to be carried out, damage has inevitably ensued from the established violation caused by the very imposition of the sentence. The Court is cognisant of the fact that being sentenced to death is one of the most severe punishment with the gravest psychological consequences as the sentenced persons are bound to lose their ultimate entitlement that is life. 148. The Court further considers prejudice subsequent to the sentencing. lt is recalled that the death sentence being served by the Applicants was given by the High Court on 25 November 2011 and confirmed by the Court of Appeal on 22 March 2013. This Court finds that prejudice was caused with effect from the date of sentencing. As a matter of fact, the uncertainty associated with the of the appeal process waiting for the outcome certainly added to the psychological tension experienced by the Applicants. ln the eight (8) years that elapsed between the sentencing and the present Judgment, the Applicants therefore lived a life of uncertainty in the awareness that they could at any point in time be executed. Such waiting and lts length not only prolonged but also aggravated the Applicants' anxiety. 149. ln arriving at its finding with respect to this issue, the Court is persuaded by the conclusions of the European Court of Human Rights in the case of Soering v. United Kingdom.aT There, the latter Court had to say about the death penalty that the prolonged period of detention awaiting execution causes the sentenced persons to suffer "... severe mental anxiety in addition to other circumstances, including, of consideration .. of the . : the way in which the sentence was imposed, lack of the accused; the personal characteristics disproportionality between the punishment and the crime committed; . .. the fact that the judge does not take into consideration the age or mental state of the condemned person; as well as continuous anticipation about what practices their execution may entail."48 a7 18 Soering v. tJnited Kingdom Judgment of 7 July I 989, Series A, Vol. 161 tbid, s77. 41 . e

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