168. As indicated earlier, the instant Applicant endured the harrowing uncertainty of impending execution for an extended period of nearly six (6) years. It was only upon the granting of a Presidential Pardon that his death sentence was eventually commuted to life imprisonment. While the immediate execution of those sentenced to the death penalty is generally not encouraged due to its potential for causing an irreversible situation, the Court acknowledges that the prolonged state of being on death row inflicted considerable distress upon the Applicant. This situation has inevitably infringed upon his fundamental right to human dignity. The Court, consequently, finds that the Respondent State has violated the Applicant’s right to human dignity. * 169. Concerning the second contention, the Court notes that the Applicant’s claim of violation of his right to dignity arises from what he calls “deplorable” prison conditions, including overcrowded cells, lack of proper food and seclusion from the general population, and not being able to participate in sports, classes, training or receive newspapers. 170. The Court observes that depending on the nature of the crime and their personal circumstances such as age, sex, and crime record, convicted prisoners may be subjected to distinct conditions of imprisonment. 171. Nonetheless, under all circumstances, these conditions must not be inhumane or degrading. It is imperative that conditions of imprisonment avoid exacerbating the anguish already resulting from the deprivation of liberty, while also preserving the prisoners’ self-worth and sense of personal accountability. Overcrowding of cells should be minimized whenever feasible. Adequate sanitation, appropriate nourishment, medical attention, physical engagement, educational opportunities, and the ability to maintain and cultivate connections with family and the outside world are vital. 50 It is 50 See Kampala Declaration on Prison Conditions in Africa of 1996; The Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa of 2002 (The Robben Island Guidelines), the Ouagadougou Declaration and Plan of Action on 43

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