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.
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