anxiety, and is predisposed to mental health problems.” Specifically, she submits that in the past she was diagnosed with Major Depressive Disorder and currently she suffers from Persistent Depressive Disorder. She also argues that “the designated method of execution – hanging – is plainly a “cruel, inhuman or degrading punishment.” Lastly, she argues that she is “experiencing the psychological torture of “death row phenomenon”, which is widely regarded as a “cruel, inhuman or degrading punishment”. The Applicant also points out that her mental and physical well-being has been complicated by her pre-existing physical ailments caused by her HIV positive status. * 82. The Respondent State submits that the three (3) grounds raised by the Applicant be dismissed. Firstly, the Respondent State reiterates that Applicant was found guilty and sentenced in accordance with the law, so that her death penalty is a lawful sentence. Secondly, that the Applicant’s claims relating to mental health are neither substantiated nor were they raised in her defence during the trial. Thirdly, that the Applicant does not establish a causal link between the murder and the allegations that she is a victim of rape, forced marriage and female genital mutilation which, in any case, have not been substantiated by any evidence. In the Respondent State’s view, “the murder is connected with her grievance over her missing boat and not gender-based violence.” *** 83. The Court notes that Article 5 of the Charter provides as follows: Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of [their] legal status. All forms of exploitation and degradation of [human beings], particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. 24

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