66. The Applicant further submits that during the voir dire, the High Court did
not take into account all relevant factors, such as the fact that the statement
was recorded while he was admitted at the hospital, after having been
attacked by a mob bent on killing him. As such he was not “a free agent on
recording the statement”.
*
67. The Respondent State avers that the Applicant was treated during his trial
in accordance with the Constitution and laws of the land. it further avers that
if at all his right to dignity was violated, he was supposed to have raised this
before the domestic courts. Therefore, this allegation should be dismissed
for lack of merit
***
68. Article 5 of the Charter, which the Applicant alleges has been violated,
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, in human or degrading punishment and treatment
shall be prohibited.
69. The Court reiterates its jurisprudence that in determining whether the right
to dignity has been violated, three main factors must be considered. First,
Article 5 has no limitation clause. The prohibition of indignity manifested in
cruel, inhuman and degrading treatment is thus absolute. Second, the
prohibition must be interpreted to extend to the widest possible protection
against abuse, whether physical or mental. Finally, personal suffering and
indignity can take various forms, the assessment of which will depend on
the circumstances of each case.24
24
Lucien Ikili Rashidi v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR
13, § 88.
19