this period, the Respondent State continues to expose them to the very real and ever-increasing risk of death row phenomenon. 164. The Applicants observe that at Butimba prison where they are held, the gallows are situated in the first room of the corridor where death row prisoners are confined. The psychological torture associated with the anticipation of one’s execution worsens with time and is often aggravated by prison conditions such as isolation, cramped environments, harassment and arbitrary or severe rules. They rely on several cases from various courts to support their arguments.78 * 165. The Respondent State did not address this violation. *** 166. This Court has previously held in Marthine Christian Msuguri v. United Republic of Tanzania,79 that the death row has the inherent potential to cause an adverse impact on an individual’s psychological state due to the fact that the person involved may be executed at any time.80 In the Rajabu judgment referred to earlier, the Court also held that during their time on death row, the Applicants lived a life of uncertainty in the awareness that they could be executed at any time and that such waiting not only prolonged but also aggravated their anxiety.81 78 Pratt & Morgan v. The Attorney General of Jamaica, 43 WIR 340 (1993); Kigula & Others v. Attorney General, Constitutional Appeal No. 03 of 2006, [2009]UGSC 6, §§ 56-57 (21 Jan 2009) (Uganda); Catholic Comm’n For Justice & Peace In Zimbabwe v. Attorney General, (2001) AHRLR 248, 277 – 78 (ZwSC 1993); Soering v. United Kingdom(161 Eur. Ct. H.R (Ser. a) (1989)); Masangano v. Republic, Constitutional Case No. 15 of 2007, [2009] MWHC 31 (Malawi)); Republic v. Chiliko ; United States v. Burns. [2001] 1 S.C.R 283 (Can. S.C.C.); Al Saadoon and Mufdhi v. United Kingdom (see 2010 ECtHR; U.S. State Department, Tanzania 2016 Human Rights Report Country Reports on Human Rights Practices For 2016, https://www.state.gov/documents/organization/265522.pdf 79 Msuguri v. Tanzania (merits and reparations), supra, § 112 and Mwita v. Tanzania (judgment), supra, § 87. 80 Ibid. 81 Rajabu and Others v. Tanzania (merits and reparations), supra, § 148. 47

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