has previously been dealt with.27 Given that there is no information to suggest that the legal situation in the Respondent State has changed, the Court reiterates its holding that the implementation of the death penalty by hanging is “inherently degrading” and encroaches upon dignity in respect of the prohibition of […]cruel, inhuman and degrading treatment”.28 The Court, therefore, holds that hanging as a method of executing the death penalty, violates the right to dignity under Article 5 of the Charter. 79. In these circumstances, the Court, therefore, holds that the Respondent State violated the Applicant’s rights under Article 5 of the Charter. D. Alleged violation of the right to a fair trial 80. The Court notes that the Applicant makes several allegations which question the manner in which his right to a fair trial was safeguarded by the Respondent State. 81. At the outset, the Court recalls that Article 7(1)(c) of the Charter, in so far as is material, provides that “[e]very individual shall have the right to have his cause heard …”. As the Court has held,29 this provision may be interpreted in light of the provisions of Article 14(1) of the ICCPR which provides that “[a]ll persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law …”. A combined reading of the two provisions confirms that everyone has a right to a fair trial. 82. Before individually assessing the specific allegations made by the Applicant, the Court wishes to reiterate its approach to considering allegations that 27 Rajabu and Others v. Tanzania, ibid, §§ 119-120; Henerico v. Tanzania, supra, §§ 169-170; Juma v. Tanzania, supra, §§ 135-136. 28 Rajabu v. Tanzania (merits and reparations), ibid, §§ 119-120. 29 Christopher Jonas v. United Republic of Tanzania (reparations) (25 September 2020) 4 AfCLR 545, §§ 64-65. 20

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