Applicant genuinely suffered from pains necessitating treatment, he would
have communicated this to a medical professional to seek necessary
assistance.
178. As the Court has previously acknowledged domestic courts are better
positioned to evaluate the factual intricacies surrounding a case. In the
absence of any glaring errors or miscarriage of justice, the Court does not
deem it imperative to supplant its own assessment and arrive at a different
factual determination. Moreover, there is no indication on record to suggest
that the Applicant was denied medical aid after having requested it. In fact,
in his affidavits, the Applicant concedes that a few days later after he arrived
at the prison, he “was taken back” to the hospital to repair the catheter for
his wounds.54 In any event, the said denial of the medical treatment for the
Applicant’s injury is not of such level of severity to constitute a cruel and
inhumane treatment as alleged by the Applicant.55 In view of this, the Court
dismisses this aspect of the Applicant’s allegation.
179. In light of the preceding assessment, the Court finds that the Respondent
State violated the Applicant’s right to dignity, as safeguarded under Article
5 of the Charter, by the Applicant’s lengthy placement on death row.
VIII. REPARATIONS
180. The Court notes that Article 27(1) of the Protocol stipulates that “[lf] the
Court finds that there has been violation of a human or peoples’ right, it shall
make appropriate orders to remedy the violation, including the payment of
fair compensation or reparation.”
181. The Court consistently held that, for reparations to be granted, the
Respondent State should first be internationally responsible for the wrongful
54
Exhibit A, Affidavit from Makungu Misalaba, signed on 25 October 2019, para. 29
See for e.g., Ireland v. United Kingdom (1978), ECHR, § 162; Öcalan v. Turkey (2005), ECHR, §§.
180-181.
55
46