148. The Court notes that Article 5 of the Charter provides that: 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 prohibition against cruel, inhuman and degrading treatment 149. The Applicant alleges that the Respondent State violated his right to dignity through the imposition of the death penalty by hanging in violation of Article 5 of the Charter. It is the Applicant’s contention that such breach is constituted notwithstanding the commutation of the death penalty to life imprisonment. 150. The Respondent State on its part avers that imposition of the death sentence for murder is in accordance its laws and, regional and international human rights instruments. According to the Respondent State, the death sentence is imposed for “most serious crimes” as provided under Section 196 of the Penal Code and Article 6(2) of the ICCPR. *** 151. With regard to the prohibition of cruel and inhuman treatment under Article 5 of the Charter, this Court stated in Ally Rajabu and Others v. United Republic of Tanzania, that many methods used to carry out the death penalty have the potential of amounting to torture, as well as cruel, inhuman and degrading treatment given the suffering inherent thereto. This Court specifically held that hanging a person is one of such methods that is inherently degrading.63 The Court also recalls its position in Amini Juma v. United Republic of Tanzania where it held that implementing the death 63 Rajabu and Others v. Tanzania (merits and reparations), supra, §§ 118-119. 42