Peoples’ Rights guarantees every human being the right to life, but such right
is not absolute. The life of an individual can be taken in execution of a
sentence of a Court of competent jurisdiction, provided there has been a fair
trial.
The Applicant did not complain that she was not given a fair trial other than
that the very existence of the punishment for death penalty does not give the
Courts discretion matters of sentencing or that her right of appeal was
violated but admitted that she exhausted her right of appeal up to the highest
Court of the Defendant which upheld the death sentence imposed on her for
murder; a very serious crime.
Thus the Applicant did not provide any evidence of rights violation outside
the general critique, she made on capital punishment, the application
therefore appears devoid of any substance.
For two reasons the Application must equally be dismissed. First, the
Application would drag this Court into engaging in a theoretical discussion,
an academic exercise, in principle, by way of having to examine the law in
the absence of any relevant consideration for the violation of a right, which
is the fulcrum of the Court’s jurisdiction.
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