that imposition of the harsher penalty constitutes an infringement of Article
15(1) of ICCPR considering the general rule on settling conflicts between
successive criminal statutes.
101. Further, the Court recalls its jurisprudence that corporal punishment
constitutes a violation of the right to dignity protected under Article 5 of the
Charter.37 As such, corporal punishment introduced by the Respondent
State as a lenient sentence in substitution of life imprisonment does not
conform to the Charter.
102. The Court, therefore, finds that the Respondent State has violated Article
15(1) of the ICCPR with regard to the imposition of the sentence of life
imprisonment by failing to impose a lighter sentence as provided for in the
amended law. Further, the Respondent State has violated Article 5 of the
Charter for introducing corporal punishment, which is inherently inhuman
and degrading, as an alternative sentence to life imprisonment for offenders
under 18 years.
ii. On the propriety of the Second Applicant’s sentencing considering his
age
103. The Court considers that, although it is not expressly pleaded in the present
Application, the age factor should also be brought to bear in considering the
propriety of the Second Applicant’s sentencing.
104. In this regard, the Court takes note of Article 17(3) of the African Charter on
the Rights and Welfare of the Child (ACRWC),38 which provides that:
37
Yassini Rashid Maige v. United Republic of Tanzania, ACtHPR, Application No. 018/2017, Judgment
of 5 September 2023 (merits and reparations), § 136-143. See also, Doebbler v. Sudan, Communication
No. 236/2000, 2003 AHRLR 153 (ACHPR 2003), § 42.
38 Ratified by the Respondent State on 16 March 2003.
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