not remove the violation of the Applicant’s right to life as a result of the
mandatory death penalty which was originally imposed on the Applicant and
continued to be in effect at the time the Application was filed before this
Court. The Court maintains that mandatory death penalty, which removes
the discretionary power of the judges is fundamentally incompatible with the
fundamental right to life, regardless of any subsequent act of clemency.
157. The Court, therefore, finds that the Respondent State has violated Article 4
of the Charter and Article 6 of the ICCPR, by subjecting the Applicant to a
mandatory death penalty.
C. Alleged violation of the right to dignity
158. The Applicant contends that the Respondent State has violated his right to
be free from torture, cruel, inhumane and degrading treatment by placing
him on death row. The death row phenomenon, he asserts, is the term used
to describe the anxiety, dread, fear and psychological anguish that often
accompanies long term incarceration on death row. He states that the death
row phenomenon is a form of torture.
159. He also avers that the prison conditions he endures in Butimba Prison
amount to torture contrary to Article 5 of the Charter. In this regard, he
mentions that the prison is overcrowded, and prisoners on death row can
only interact with other death row prisoners, they are not allowed to take
part in sports, classes, training or receive newspapers.
160. Moreover, the Applicant claims that the Respondent State failed to provide
him with the necessary medical treatment for his injuries despite the fact
that it was obvious that he needed medical help. He avers that the denial to
provide him prompt and comprehensive care violated the Charter’s
prohibition on cruel and inhumane treatment.
161. The Applicant further states that a sentence of life imprisonment as an
alternative to death sentence is not acceptable as it amounts to cruel,
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