competent court of law for an act that constituted a legally punishable offence at the time he committed the offence. *** 88. Article 5 of the Charter provides as follows: 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. 89. The Court notes that the Applicant alleges the violation of his right to life, insofar as he was sentenced to death by hanging, a method of execution that constitutes cruel, inhuman and degrading treatment. 90. In this regard, the Court recalls its jurisprudence37 that, the enforcement of the death penalty by hanging, where such a penalty is permitted, is “inherently degrading” and “encroaches upon dignity in respect of the prohibition of … cruel, inhuman and degrading treatment” and held that death by hanging constitutes a violation of the right to dignity under Article 5 of the Charter. 91. The Court observes that the Applicant in the instant case faces the same penalty and method of execution, which the Respondent State does not dispute. 92. In the circumstance, the Court finds that the Respondent State violated the right to dignity enshrined in Article 5 of the Charter. 37 Rajabu and Others v. Tanzania, supra, §§ 119-120; Gozbert Henerico v. United Republic of Tanzania, ACtHPR, Application No 056/2016, Judgment of 10 January 2022 (merits and reparations), § 169. 25

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