84. As such, the Court holds that the mandatory imposition of the death penalty by the Respondent State constitutes a violation of the right to life as provided under Article 4 of the Charter.35 B. Alleged violation of the right to be treated with dignity 85. The Applicant contends that the Respondent State violated his right to be treated with dignity by sentencing him to death by hanging in contravention of Article 5 of the Charter. Citing the jurisprudence of African Commission,36 the Applicant contends that the method of execution causes excessive suffering, which is a cruel, inhumane and degrading punishment. 86. The Applicant also asserts that the prison conditions he endures in Butimba prison amount to torture, contrary to Article 5 of the Charter because the prison is overcrowded, with death row prisoners interacting only with other death row prisoners. Additionally, they are not allowed to take part in sports, classes, training or to receive newspapers. * 87. The Respondent State addressed this allegation generally, by submitting that throughout the trial, the Applicant was treated in accordance with the procedures provided for under its laws. He was charged, convicted and sentenced in accordance with the laws of the land by an impartial and 35 The United Nations Human Rights Committee has stated that "the mandatory and automatic imposition of the death penalty constitutes an arbitrary deprivation of life in violation of article 6, paragraph 1, of the [ICCPR], in circumstances where capital punishment is imposed without any possibility of taking into account the personal circumstances of the accused or the circumstances surrounding the crime in question". The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions has stated that "in no case should the law make capital punishment mandatory, regardless of the facts of the case" and the Special Rapporteur, that "the mandatory imposition of the death penalty, which excludes the possibility of imposing a lighter sentence in any circumstances, is incompatible with the prohibition of cruel, inhuman or degrading treatment or punishment". In its resolution 2005/59, adopted on 20 April 2005, the United Nations Human Rights Committee urged States that continue to apply the death penalty to "ensure that ... the death penalty is not imposed ... as a mandatory sentence". 36 Interights & Ditshwanelo v. The Republic of Botswana, African Commission on Human and Peoples’ Rights, Communication No 319/06 (Nov18 2015), § 57. 24