Alleged Violation of Article 5 (Torture, Cruel, Inhuman and Degrading Treatment) 122. The Complainants contend that Kobedi, according to his Medical Report suffers from a weak heart condition. They also state that the Medical Report proves that Kobedi does not only have an A-V shunt but also needs surgery. They inform the African Commission that the Medical Report presents the AC HP R following conditions of Kobedi: left subclavian arteriovenous shunt with no present evidence of heart failure or arrhythmia; irritable bowel syndrome; and mild degenerative osteoarthritis of the spine. It is submitted by the Complainants that Kobedi was a sick man whose health condition ought to have been taken into consideration in deciding the method to be adopted for his execution. 123. The Complainants further submit that the adoption of hanging as a method of executing the death penalty, and the failure of the Courts in the Respondent State to have regard to the medical condition of Kobedi violates Article 5 of the African Charter, not so much because he is aware that his medical ailment will cause him greater and more prolonged agony during the execution than if he were medically fit, but also because execution by hanging exposes the condemned man to a higher likelihood of unnecessarily painful and torturous death through strangulation. 124. The Complainants aver that the post-appeal process dealing with Clemency Petitions also constitutes a violation of Article 5 of the African Charter in that the victim, his lawyers and family members were not informed of the unsuccessful outcome of the Clemency Petition, thus, depriving the convict and his family members the important opportunity to have closure with the dignity of their last farewells. 31