a remedy for the continuing psychological effects arising from his extended incarceration at the hands of the Respondent State. 155. The Respondent State does not specifically respond to the alleged violation of the right to dignity owing to detention on death row. *** 156. Regarding whether detention on death row violates the right to dignity, this Court has previously held, in the above cited Msuguri judgment, that detention on 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.67 In the Rajabu judgment referred to earlier, the Court similarly 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.68 157. In the instant case, the Court notes that the mandatory death penalty was imposed on the Applicant in 2012 subsequent to which he was held for eight (8) years on death row in Butimba Prison prior to the commutation of his death sentence to life imprisonment in 2020. The Court further notes that international jurisprudence has established that a delay of more than three (3) years between the confirmation of a prisoner’s death sentence on appeal and execution constitutes cruel, inhuman or degrading treatment or punishment.69 The Court also takes note of its jurisprudence in the Rajabu case where it held that eight (8) years on death row constituted cruel, inhuman or degrading treatment or punishment.70 Finally, as the Court concluded earlier in this judgment, the mandatory imposition of the death 67 Msuguri v. Tanzania (merits and reparations), supra, § 112 and Mwita v. Tanzania (judgment), supra, § 87. 68 Rajabu and Others v. Tanzania (merits and reparations), supra, § 148. 69 Attorney-General v. Susan Kigula & 17 Others (Constitutional Appeal 3 of 2006) UGSC 6 (21 January 2009) (Supreme Court of Uganda) and Catholic Commissioner for Justice and Peace in Zimbabwe v. Attorney General of Zimbabwe and Others, Zimbabwe: Supreme Court, 24 June 1993. 70 Rajabu and Others v. Tanzania (merits and reparations), supra, § 148. 44

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