treatment in breach of Article 5 of the African Charter as thus, depriving the
convict and his family members of the important opportunity to have closure
with the dignity of their last farewells.
175.
The Respondent State, failed to challenge the allegation that no reasonable
notice or any notice at all was given of the date and time of execution of the
victim. The African Commission has in many of its decisions 52 held that facts
AC
HP
R
uncontested by the Respondent State shall be considered as established. In view
of the foregoing, the African Commission will therefore hold this fact as
established.
176.
In Communication 240/01 Interights et al. (on behalf of Bosch) v. Botswana 53,
the African Commission observed that a justice system must have a human face
in matters of execution of death sentences by affording a condemned person an
opportunity to arrange his affairs, to be visited by members of his intimate
family before he dies, and to receive spiritual advice and comfort to enable him
to compose himself, as best as he can, to face his ultimate ordeal.
177.
The African Commission is, therefore, inclined to hold the fact that the victim
and his family members were never given the important opportunity to have
closure with the dignity of their last farewells as inhuman treatment. Since the
Respondent State did not give any justifications, the African Commission finds
that the failure to give notice of the date and time of execution of the victim
amounts to cruel, inhuman and degrading punishment and treatment and
therefore a violation of Article 5 of the African Charter.
Alleged Violation of Article 7
52
See Communications 25/89, 47/90, 56/91, 100/93; Free Legal Assistance Group et al. V. Zaire
53
Para. 41
48
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