only in the most exceptional and extreme cases of murder. Furthermore, citing the UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions and other authorities, they contend that proceedings leading to the imposition of capital punishment must conform to the highest standards of independence, competence, objectivity and impartiality on the part of judges and juries, in accordance with the pertinent international legal instruments.95 According to the Applicants, imposing a death sentence after an unfair trial, such as when the defendant has been deprived of adequate legal representation, constitutes an arbitrary deprivation of life.96 Moreover, they aver that imposing the death sentence after an unfair trial violates Article 6(2) of the ICCPR. They surmise that the sentencing court should have been allowed discretion to take into account the character of the offender and any other relevant circumstances. 199. The First Applicant specifically avers that he suffered severe hardship, including living and growing up in extreme poverty, not having been afforded the opportunity to receive basic education, witnessing the violence of the Burundian Civil War, being forced to flee his home out of fear for his life, and spending six years in Lukole, a refugee camp in Tanzania. He submits that, these mitigating social factors ought to have been taken into consideration when sentencing him. * 200. The Respondent State contends that the Applicants were accorded due process and sentenced according to the laws of the land. *** Attorney General, Constitutional Appeal No. 03 of 2006 (21 January 2009), Kafantayeni and Others v. Attorney General, Constitutional Case No. 12 of 2005 (unreported), Republic v. Felix Madalits Kake, Confirmation Case N. 404 of 2010 (unreported), Locket v. Ohio, 438 US 585 (1978), Mulla & Another v. State of UP, Criminal Appeal No. 396 of 2008, §§ 53-59. 95 Johnson v. Jamaica No. 588/1994, H.R. Comm. {1999}, § 8.9; Reid v. Jamaica [supra], § 11.5; {See Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, UN Document E/CN. 4/2001/9 {11 January 2001}, §§ 81, 86}. 96 General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life, U.N. Doc. CCPR/C/G/36, § 36 (H.R.C. 30 Oct. 2018). 56

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