127. The Respondent State submits that the imposition of the death penalty as
punishment for murder is in accordance with its Penal Code and other
regional and international human rights instruments. The Respondent State
argues that under Article 6(2) of the ICCPR, the death penalty may be
imposed for the most serious crimes and that under Section 196 of its Penal
Code, crimes that attract death penalty are of a serious nature. It is the
contention of the Respondent State that the offence committed by the
Applicant was of a serious nature and attracted the imposition of the death
penalty.
128. The Respondent State further argues that while the Applicant was on death
row, the sentence was commuted to life imprisonment by the President
which rectified the alleged violation by the imposition of the alternative
sentence. The Respondent State submits that the request by the Applicant
for a lesser sentence is unfounded in national law since the offence of
murder only attracts the death penalty or life imprisonment.
***
129. Article 4 of the Charter provides that:
Human beings are inviolable. Every human being shall be entitled to
respect for his life and the integrity of his person. No one may be
arbitrarily deprived of this right.
130. The Court notes that the Applicant has raised three grounds relating to the
alleged violation of the right to life due to the mandatory imposition of the
death penalty, that is, the nature of the offence and circumstances of the
offender, the lawfulness of the sentence and compliance with guarantees
of due process during the trial. The Court considers that these grounds boil
down to whether the mandatory imposition of the death penalty constitutes
an arbitrary deprivation of the right to life under Article 4 of the Charter.
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