crucial to underscore that even individuals facing the death penalty do not
lose or forfeit their humanity and, as such, are entitled to the basic humane
conditions of prison.
172. In the present case, the Applicant makes serious allegations of inhumane
prison conditions. However, the Applicant has not adduced any evidence to
substantiate his claim. In accordance with the well-established legal
principle that the burden of proof lies with the party making an assertion, the
Court has consistently maintained that “[g]eneral statements to the effect
that [a] right has been violated are not enough. More substantiation is
required.”51 Accordingly, the Court dismisses the Applicant’s allegation of
being subjected to inhumane prison conditions. It thus, finds that the
Respondent State has not violated his right to dignity in this regard.
*
173. Regarding that the Applicant’s third contention, the Court wishes to
underscore that the imposition of life imprisonment for the most serious
offences, on its own, may not necessarily constitute inhumane or degrading
treatment, especially where there is a possibility of parole.
174. In the present case, the Court notes that the Applicant’s original sentence
was death, which was subsequently commuted to life imprisonment through
a presidential pardon. This commutation was carried out in accordance with
the authority granted to the President of the Respondent State under Article
45(1) of the Constitution.52 The Applicant’s argument revolves around the
Accelerating Prison and Penal Reform in Africa of 2003; the Guidelines on Conditions of Arrest, Police
Custody and Pre-trial Detention in Africa of 2014; and the United Nations Standard Minimum Rules for
the Treatment of Prisoners (the Nelson Mandela Rules) of 2015; African Commission on Human and
Peoples’ Rights, Resolution on Prisons and Conditions of Detention in Africa - ACHPR/Res.466(LXVII)
2020.
51 George Maili Kemboge v. United Republic of Tanzania (merits) (11 May 2018) 2 AfCLR 369, § 51.
52 Article 45(1) declares that “Subject to the other provisions contained in this Article, the President may
do any of the following:
(a) grant a pardon to any person convicted by a court of law of any offence, and he may subject to
law grant such pardon unconditionally or on conditions;
(b) grant any person a respite, either indefinitely or for a specified period, of the execution of any
punishment imposed on that person for any offence;
44