00134e
C. Alleged violation of the right to dignity
115.
The Applicants allege that the execution of the death sentence by
hanging constitutes a violation of the prohibition of torture and cruel, inhuman
and degrading treatment under Article 5 of the Charter.
1
16.
The Respondent State did not respond to the Applicants' submission on
this allegation. However, in responding to the Order for Provisional Measures
issued by the Court, the Respondent State avers that the imposition of the
death penalty by its courts cannot be said to violate the Applicants' rights as it
is not proscribed under international law.
117.
Article 5 of the Charter provides
Every individual shall have the right to the respect of the dignity inherent in a
human being and to the recognition of his legal status. All forms of exploitation
and degradation of man, particularly slavery, slave trade, torture, cruel,
inhuman or degrading punishment and treatment shall be prohibited.
118.
The Court notes that, in the present case, the Applicants challenge the
implementation by hanging of the death penalty as imposed in their case. The
Court observes that many methods used to implement the death penalty have
the potential of amounting to torture, as well as cruel, inhuman and degrading
treatment given the suffering inherent thereto.3a ln line with the very rationale
for prohibiting methods of execution that amount to torture or cruel, inhuman
and degrading treatment, the prescription should therefore be that, in cases
u
See Jabariv. Turkey, Judgment, Merits, App No 40035/98, ECHR 2000-Vlll (deporting a woman who
risked death by stoning to lran would violate the prohibition of torture); Chitat Ng v. Canada, Comm.
No.469/1991,491h Sess., U.N. Doc. CCPRlCl49lOl469/1991 (Nov. 5 1993), H.R. Comm., 16.4 (gas
asphyxiation constitutes CIDT due to length of time to kill and available alternative less cruel methods).
The United Nations Human Rights Council describes stoning as a particularly cruel and inhuman means
execution, Human Rights Council Res. 20O3t67, euestion
the Death penalty,
E/CN.4/RES/2003/67 at para 4(i) (Apr.24,2003); Human Rights Council Res. 2004/67, Question of the
Death Penalty, E/ CN.4/RESi2004167 al para 4(i) (Apr. 21 2004); Human Rights Council Res. 2005/59,
Question of the Death Penalty, E/CN.4/RES/2005/59 at para 7(i), 4(h) (Apr 20 2005
JJ
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