penalty by hanging encroaches upon the dignity of a person in respect of the prohibition of torture and cruel, inhuman and degrading treatment. 64 152. The Court reiterates its position that in accordance with the very rationale for prohibiting methods of execution that amount to torture or cruel, inhuman and degrading treatment, the prescription should be that methods of execution must exclude suffering or involve the least suffering possible in cases where the death penalty is permissible.65 Having found that the mandatory imposition of the death sentence violates the right to life due to its arbitrary nature, the Court holds that, as the method of implementation of that sentence, hanging inevitably encroaches upon the right to dignity and not to be subjected to cruel, inhuman or degrading punishment and treatment.66 The Court considers that these findings apply to the present Application. ii. On the Applicant’s detention on death row 153. The Applicant submits that his incarceration on death row has exposed him to the death row phenomenon which is a term used to describe the anxiety, dread, fear, and psychological anguish that may accompany long-term incarceration on death row constituting cruel, inhuman or degrading treatment or punishment. He alleges that during his time on the death row he has been subjected to the psychological torment of living with a constant fear of impending death. 154. The Applicant also submits that he was held on death row for eight (8) years in Butimba Prison, a period well in excess of the amount of time considered to be cruel, inhuman or degrading. He avers that the existence of a de facto moratorium on death penalty did not mitigate the risk of death row. He further submits that although he is no longer on death row, he is entitled to 64 Juma v. Tanzania (judgment), supra, § 136. Rajabu and Others v. Tanzania (merits and reparations), supra, § 118. 66 Ibid, §§ 119-120. 65 43