VII. MERITS 46. The Court observes that in his Application, the Applicant alleges violation of the following: i. The right to equality before the law and the right to equal protection of the law without discrimination, as guaranteed under Article 3 of the Charter; ii. The right to dignity inherent in a human being and to the recognition of his legal status as provided under Article 5 of the Charter; iii. The right to a fair trial as protected under Article 7 of the Charter. 47. Although the issue is not expressly raised in this Application, this Court notes, from the record, that the Applicant was mandatorily sentenced to death for the offence of murder, which under the Respondent State’s law is executed by hanging.17 Given that it has previously adjudicated on this issue, the Court will, therefore, make a determination as to whether a finding in this respect is warranted in the present Application in addition to the allegations expressly made by the Applicant. The Court will thus consider the allegations specifically raised by the Applicant and thereafter the right to life in relation to the imposition of mandatory death penalty and the right to dignity in respect of executing the death penalty by hanging in light of the provisions of Articles 4 and 5 of the Charter respectively. A. Alleged violation of right to equality before the law and equal protection of the law 48. The Applicant avers that the Respondent State violated his right to equality before the law and equal protection of the law as guaranteed under Article 3 of the Charter. * 17 See Deogratius Nicolaus Jeshi v. United Republic of Tanzania, ACtHPR, Application No. 017/2016, Judgment of 13 February 2024 (merits and reparations), §§ 109-112. 13