00134e C. Alleged violation of the right to dignity 115. The Applicants allege that the execution of the death sentence by hanging constitutes a violation of the prohibition of torture and cruel, inhuman and degrading treatment under Article 5 of the Charter. 1 16. The Respondent State did not respond to the Applicants' submission on this allegation. However, in responding to the Order for Provisional Measures issued by the Court, the Respondent State avers that the imposition of the death penalty by its courts cannot be said to violate the Applicants' rights as it is not proscribed under international law. 117. Article 5 of the Charter provides Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. 118. The Court notes that, in the present case, the Applicants challenge the implementation by hanging of the death penalty as imposed in their case. The Court observes 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 suffering inherent thereto.3a ln line with the very rationale for prohibiting methods of execution that amount to torture or cruel, inhuman and degrading treatment, the prescription should therefore be that, in cases u See Jabariv. Turkey, Judgment, Merits, App No 40035/98, ECHR 2000-Vlll (deporting a woman who risked death by stoning to lran would violate the prohibition of torture); Chitat Ng v. Canada, Comm. No.469/1991,491h Sess., U.N. Doc. CCPRlCl49lOl469/1991 (Nov. 5 1993), H.R. Comm., 16.4 (gas asphyxiation constitutes CIDT due to length of time to kill and available alternative less cruel methods). The United Nations Human Rights Council describes stoning as a particularly cruel and inhuman means execution, Human Rights Council Res. 20O3t67, euestion the Death penalty, E/CN.4/RES/2003/67 at para 4(i) (Apr.24,2003); Human Rights Council Res. 2004/67, Question of the Death Penalty, E/ CN.4/RESi2004167 al para 4(i) (Apr. 21 2004); Human Rights Council Res. 2005/59, Question of the Death Penalty, E/CN.4/RES/2005/59 at para 7(i), 4(h) (Apr 20 2005 JJ of of

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