0013{l
147.
ln the instant matter, while the death sentence is yet to be carried out,
damage has inevitably ensued from the established violation caused by the
very imposition of the sentence. The Court is cognisant of the fact that being
sentenced to death is one of the most severe punishment with the gravest
psychological consequences as the sentenced persons are bound to lose their
ultimate entitlement that is life.
148.
The Court further considers prejudice subsequent to the sentencing. lt
is recalled that the death sentence being served by the Applicants was given
by the High Court on 25 November 2011 and confirmed by the Court of Appeal
on 22 March 2013. This Court finds that prejudice was caused with effect from
the date of sentencing. As a matter of fact, the uncertainty associated with the
of the appeal process
waiting for the outcome
certainly added
to
the
psychological tension experienced by the Applicants. ln the eight (8) years that
elapsed between the sentencing and the present Judgment, the Applicants
therefore lived a life of uncertainty in the awareness that they could at any point
in time be executed. Such waiting and lts length not only prolonged but also
aggravated the Applicants' anxiety.
149.
ln arriving at its finding with respect to this issue, the Court is persuaded
by the conclusions of the European Court of Human Rights in the case of
Soering v. United Kingdom.aT There, the latter Court had to say about the death
penalty that the prolonged period of detention awaiting execution causes the
sentenced persons to suffer "... severe mental anxiety in addition to other
circumstances, including,
of
consideration
..
of the
.
: the
way in which the sentence was imposed, lack
of the accused; the
personal characteristics
disproportionality between the punishment and the crime committed; . .. the fact
that the judge does not take into consideration the age or mental state of the
condemned person; as well as continuous anticipation about what practices
their execution may entail."48
a7
18
Soering v. tJnited Kingdom Judgment of 7 July I 989, Series A, Vol. 161
tbid, s77.
41
.
e