104. The Court, therefore, finds that hanging as a method of executing the death penalty is a violation of the right to dignity under Article 5 of the Charter. 105. In the circumstances, the Court, therefore, holds that the Respondent State violated Article 5 of the Charter. D. Alleged violation of the right to non-discrimination 106. The Applicants allege that the manner in which the Respondent State’s courts conducted their trial was a serious violation of their fundamental rights under Article 2 of the Charter. * 107. The Respondent State argues that both the High Court and the Court of Appeal fairly evaluated all the evidence against the Applicants before establishing their guilt. It submits that the Applicants’ conviction was based on the fact that the prosecution witnesses were found to be credible and hence believed by the High Court. It thus prays the Court to finds that the Applicants’ allegations lack merit and dismiss them accordingly. *** 108. Article 2 of the Charter provides as follows: Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 109. In African Commission on Human and Peoples’ Rights v. Republic of Kenya the Court stated thus:42 42 African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) supra, §§ 137-138. 28