VII. The alleged Denial of the Right to the Respect of the Dignity inherent in a Human Being and to the Recognition of his Legal Status and the Prohibition from all Forms of Exploitation and Degradation of Man, Particularly Torture, Cruel, Inhuman or Degrading Punishment and Treatment 141. The Applicant alleges that the undue delay in the hearing of his appeal and review amounts to torture, cruel, inhuman and degrading punishment and treatment contrary to Article 5 of the Charter. 142. The Respondent maintains that torture, cruel, inhuman and degrading punishment and treatment are prohibited under Section 13(c) and (e) of the Constitution of the United Republic of Tanzania and that the Applicant should show proof of the same. The Respondent asserts that there has been no delay in hearing the Applicant's appeal and review and that his imprisonment is lawful. 143. The Court has found that there has been an undue delay in the hearing of the Applicant's Appeal at the Court of Appeal. The Applicant started pursuing his appeal from 23 March 2000 to 29 May 2009, when the Court of Appeal dismissed the appeal. This was n period of nine (9) years and two (2) months. The issue for determination is whether this nine (9) years and two (2) months' delay in the Applicant's appeal amounts to torture, cruel or inhuman or degrading punishment and treatment. 144. The Court, like the African Commission, applies and interprets the Charter. In this regard, the Court takes into consideration, the 57 /