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.
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