86. The Court reiterates its jurisprudence, that in determining whether the right to dignity has been violated, three main factors must be considered. First, Article 5 has no limitation clause. The prohibition of indignity manifested in cruel, inhuman and degrading treatment is thus absolute. Second, the prohibition must be interpreted to extend to the widest possible protection against abuse, whether physical or mental. Finally, personal suffering and indignity can take various forms the assessment of which will depend on the circumstances of each case.34 87. The Court notes, from the record, that the question of the alleged violation of the First Applicant’s right to dignity due to the taking of his statement outside of a four (4) hour period, arises because sections 50 and 51 of the Respondent State’s Criminal Procedure Act prescribe periods within which detained persons should be interviewed.35 88. From the record, the Court observes that this matter was considered by both the High Court and the Court of Appeal. Specifically, the Court of Appeal 34 Lucien Ikili Rashidi v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 13, § 88. 35 For example, section 50 provides as follows: (1) For the purpose of this Act, the period available for interviewing a person who is in restraint in respect of an offence is(a) subject to paragraph (b), the basic period available for interviewing the person, that is to say, the period of four hours commencing at the time when he was taken under restraint in respect of the offence; (b) if the basic period available for interviewing the person is extended under section 51, the basic period as so extended. (2) In calculating a period available for interviewing a person who is under restraint in respect of an offence, there shall not be reckoned as part of that period any time while the police officer investigating the offence refrains from interviewing the person, or causing the person to do any act connected with the investigation of the offence(a) while the person is, after being taken under restraint, being conveyed to a police station or other place for any purpose connected with the investigation; (b) for the purpose of(i) enabling the person to arrange, or attempt to arrange, for the attendance of a lawyer; (ii) enabling the police officer to communicate, or attempt to communicate with any person whom he is required by section 54 to communicate in connection with the investigation of the offence; (iii) enabling the person to communicate, or attempt to communicate, with any person with whom he is, under this Act, entitled to communicate; or (iv) arranging, or attempting to arrange, for the attendance of a person who, under the provisions of this Act is required to be present during an interview with the person under restraint or while the person under restraint is doing an act in connection with the investigation; (c) while awaiting the arrival of a person referred to in subparagraph (iv) of paragraph (b); or (d) while the person under restraint is consulting with a lawyer. 23

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