through tampering and the Court should, therefore, deem such evidence
inadmissible.
85. The Respondent State avers that the issue of admissibility of the Applicant’s
confession statement was brought up during the proceedings at the Court
of Appeal which found that the confession statement was procured legally
and was thus rightly admitted into evidence by the trial court.
86. The Respondent State also contends that the Applicant was arrested by the
police and that the force used to detain and interrogate him was reasonable
and that no excessive force was used and nor was he tortured while
procuring the confession statement.
***
87. The Court notes that Article 5 of the Charter provides:
Every individual shall have the right to the respect of the dignity
inherent in a human being and to the recognition of his legal status. All
forms of exploitation and degradation of man, particularly slavery, slave
trade, torture, cruel, inhuman, or degrading punishment and treatment
shall be prohibited.
88. The Court observes that the concept of human dignity holds a profound
significance in the realm of individual rights. It serves as an essential
foundation upon which the edifice of human rights is constructed. The right
to dignity captures the very essence of the inherent worth and value that
resides within every individual, irrespective of their circumstances,
background, or choices. At its core, it embodies and upholds the principle
of respect for the intrinsic humanity of each person and forms the bedrock
of what it means to be truly human. It is in this sense that Article 5 absolutely
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