102. The Applicant alleges that his rights protected under this provision of the
Charter have been violated because he was held in pre-trial dentention for
more than six (6) years, held in the death row, and experienced deplorable
conditions of confinement.
103. The Respondent State does not make specific submissions on this issue.
***
104. The Court notes that the Applicant alleges a violation of Article 5 of the
Charter in respect of the following: i) the length of his pre-trial detention,
which resulted in a degrading treatment; ii) his detention in the death row;
and iii) the deplorable conditions of confinement which he experienced.
105. 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.
i.
On the length of the Applicant’s pre-trial detention resulting in a
degrading treatment
106. The Applicant alleges that the six (6) and a half years that he waited in
prison prior to his trial violated his right not to be subjected to degrading
treatment as he experienced anxiety, depression and fear of execution.
***
107. The Court considers that its earlier findings in respect of the Applicant’s right
to be tried without undue delay apply to the claim under consideration here.
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