D. Alleged violation of the right to dignity
82. The Applicants submit that the Respondent State violated the First
Applicant’s rights “… and subjected him to torture when his caution
statement was taken out of mandatory time of 4 hours.”
*
83. The Respondent State submits that “… at no time during the investigation,
prosecution, trial or appeal were the Applicants subject to cruel, inhuman or
degrading punishment or treatment.” As for the death penalty, it reiterates
that the Applicants were sentenced to the death penalty in accordance with
“… national and international restrictions placed on human rights which
does not render them absolute.”
84. It is also the Respondent State’s argument that the “Applicants were never
handled in an undignified manner but underwent the procedures of the
justice system for the offence of murder as all other persons accused and
convicted for the offence of murder.” As for the allegations of torture, the
Respondent State contends that the Applicants, who were represented by
counsel during all domestic proceedings, never raised this allegation before
the High Court or Court of Appeal. It thus submits that there has been no
violation of the Applicants’ rights under Article 5 of the Charter.
***
85. The Court notes that Article 5 of the Charter provides as follows:
Every individual shall have the right to the respect of the dignity
inherent in a human being and to the recognition of [their] legal status.
All forms of exploitation and degradation of [human beings], particularly
slavery, slave trade, torture, cruel, inhuman or degrading punishment
and treatment shall be prohibited.
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