the ICCPR does not prohibit the death penalty, it prohibits the arbitrary
deprivation of one’s life and for states which have not abolished the death
penalty, the ICCPR requires that the death penalty should be imposed only
for the most serious crimes in accordance with national laws. The
Respondent State further notes that the ICCPR requires that the death
penalty be meted out in accordance with the law and pursuant to a final
judgment rendered by a competent court.
68. The Respondent State therefore contends that the Applicant (i) was
convicted of murder which is one of the most serious crimes, (ii) was
convicted by a competent court, and (iii) that he appealed to the Court of
Appeal, which is the highest court in the Respondent State’s judicial
hierarchy, which dismissed his appeal.
69. The Respondent State also notes that the High Court and the Court of
Appeal have been established by the Constitution and that they discharge
their mandate in accordance with the Constitution of the Respondent State
and other laws of the land, as per Article 107B of the Constitution, which
reads as follows:
In exercising the powers of dispensing justice, all courts shall have
freedom and shall be required only to observe the provisions of the
Constitution and those of the laws of the land.
70. It is for the above reasons, that the Respondent State submits that this
allegation is frivolous and misconceived and should be dismissed for lack
of merit.
***
71. The Court recalls that Article 4 of the Charter provides that: “[h]uman beings
are inviolable. Every human being shall be entitled to respect for his life and
the integrity of his person. No one may be arbitrarily deprived of this right”.
72. The Court further notes Article 6 of the ICCPR, which states that:
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