92. The above findings notwithstanding, and although none of the Parties made
submissions, the Court finds it apposite to reiterate its position on hanging
as a method of execution of the death penalty. This is the case because the
Applicant was sentenced to suffer death by hanging. As previously
reiterated by the Court, the criminal punishment of death by hanging is
incompatible with the right to dignity as protected in Charter and the
Respondent State remains bound not subject anyone to death by hanging.24
93. The Court finds, therefore, that although the Applicant’s allegations of the
violation of his right to dignity due to his being subjected to torture and forced
to confess are unfounded, his right to dignity was violated by his being
sentenced to death under the mandatory regime as well as being sentenced
to suffer death by hanging.
94. The Court, therefore, holds that the Respondent State has violated Article 5
of the Charter.
C. Alleged violation of the right to a fair trial
95. The Applicant contends that the Respondent State violated his right to a fair
trial due to its reliance on a confession statement that was unlawfully
obtained. He also contends that the exhibits accepted by the High Court and
Court of Appeal were contrary to sections 38(1), (2) and (3) and 50, 51, and
57 of the Criminal Procedure Act of the Respondent State.
*
96. The Respondent State refutes this allegation and contends that the issue of
validity and admission of the confession statement was dealt with by the
Court of Appeal in rendering its decision. The Respondent State further
contends that the Court of Appeal found that the confession was true and
properly admitted.
24
Ibid.
22