contention that its Court of Appeal has ruled that the death penalty is
consistent with its Constitution. Furthermore, the Respondent State
emphasises that Article 6 of the ICCPR does not abolish the death penalty
and, therefore, the imposition of that sentence for serious crimes as murder
is lawful.
***
145. The Court notes that the right to life holds an unparalleled status as the most
sacred and fundamental of all rights, as it serves as the bedrock of human
dignity and the essence of existence.40 Deprived of this right, all other rights
lose their significance and feasibility.41 It provides the very foundation upon
which individuals can cherish their freedoms, exercise their liberties, and
pursue their dreams and aspirations. Recognizing the paramount
importance of this right, major international and regional human rights
conventions safeguard the sanctity of life by explicitly prohibiting its arbitrary
deprivation.42 Article 4 of the Charter similarly intertwines the right to life with
the inviolability of human beings, strictly proscribing any arbitrary
deprivation of life.
146. In the present Application, the Applicant raises several grounds to support
his allegation of the violation of Article 4 of the Charter and its corresponding
provision in the ICCPR. The central argument, however, is that the
mandatory death penalty leads to an arbitrary deprivation of the right to life,
primarily due to its restriction on the trial court’s discretionary power. The
Applicant’s specific grounds pertain to the contention that the domestic
courts should have imposed an individuated sentence considering their
case.
147. In assessing the arbitrariness of the Applicant’s death sentence, the Court
relies on its well-established jurisprudence concerning the criteria for such
40
Ally Rajabu and Others v. Tanzania (merits and reparations) (28 November 2019) 3 AfCLR 539, §112.
African Commission on Human and Peoples’ Rights v. Kenya (merits) (2017) 2 AfCLR 9, § 152.
42 See Article 6 of the ICCPR, Article 2 of the European Human Rights Convention (1950), Article 4 of
the American Convention on Human Rights (1969) and Article 7 of the Arab Charter on Human Rights
(2004).
41
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