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.
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