fact that the commuted sentence of life imprisonment offers no possibility of
parole, thereby leaving no avenue for potential release upon successful
rehabilitation and reform. However, the Court observes from the said
provision of the Respondent State’s Constitution that the President has the
authority to pardon any convicted person, grant respite from the execution
of any punishment, substitute less severe penalties for any offence, and
remit all or part of imposed punishments.53
175. In these circumstances, there is nothing on record to suggest that Applicant
cannot obtain further parole, and thus, the Applicant’s claim that he has no
potential for release is unfounded. As a result, the Court concludes that the
life sentence imposed on him as a commutation from the death penalty does
not violate his right to dignity.
*
176. In regard to the fourth claim put forth by the Applicant, asserting that the
Respondent State neglected to offer him adequate medical care, the Court’s
review of the record reveals that the physical injury sustained by the
Applicant to his reproductive organ was a consequence of his own actions.
Following the tragic event of his wife and son’s murder, the Applicant
attempted to end his own life, leading to the self-inflicted injury. Despite this,
it was incumbent on the Respondent State to provide essential medical aid
to the Applicant, particularly once it became aware of his need for treatment.
177. It is evident from the record that the Justice of Peace, the official responsible
for recording the Applicant’s confession, documented in his report that he
conducted an examination of the Applicant and observed wounds on his
private parts. However, during the course of the matter, the High Court
chose to dismiss this aspect of the Officer’s report, contending that had the
(c) substitute a less severe form of punishment for any punishment imposed on any person for any
offence; and
(d) remit the whole or part of any punishment imposed on any person for any offence, or remit the
whole or part of any penalty of fine or forfeiture of property belonging to a convicted person
which would otherwise be due to the Government of the United Republic on account of any
offence”
53 Ibid.
45