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.
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