slavery, slave trade, torture, cruel, inhuman or degrading punishment
and treatment shall be prohibited.
165. The Court observes that the concept of human dignity holds a profound
significance in the realm of individual rights. It serves as an essential
foundation upon which the edifice of human rights is constructed
The right to dignity captures the very essence of the inherent worth and
value
that
resides
within
every
individual,
irrespective
of
their
circumstances, background, or choices. At its core, it embodies and upholds
the principle of respect for the intrinsic humanity of each person and forms
the bedrock of what it means to be truly human. It is in this sense that Article
5 absolutely prohibits all forms of treatment that undermines the inherent
dignity of an individual.
166. In the present case, the Applicant contends that the Respondent State has
infringed upon his right to dignity through a series of actions; firstly, by
subjecting him to death row; secondly, by confining him in inhumane prison
conditions; thirdly, by imposing life imprisonment without the possibility of
parole and fourthly, by not providing the Applicant medical treatment for the
physical injuries he sustained, which he claims, in the hands of the police.
167. Regarding the first contention, the Court recalls its established position that
death row can induce significant psychological distress, particularly when
the wait for execution is prolonged.49 The Court affirms that detention on
death row fundamentally disregards the principles of humanity and infringes
upon the dignity of individuals. This Court acknowledges that the distress
experienced during detention on death row emanates from the inherent fear
of impending death that convicts must grapple with. The perpetual
uncertainty surrounding the potential execution of the death penalty that
those on death row face diminishes the core of their humanity.
49
Mwita v. Tanzania (merits), supra, § 87
42