C. Violation of the right to dignity
79. While the Applicant did not make any submissions on the right to dignity,
the Court notes from the record that the Applicant was sentenced to death
by hanging. The Court, in the circumstances reiterates its established
jurisprudence that the execution of the death penalty by hanging constitutes
a violation of the right to dignity under Article 5 of the Charter.28
80. The Court, therefore, finds that the Respondent State violated Article 5 of
the Charter in relation to the method of execution of the death penalty, as
meted out against the Applicant, that is, by hanging.
D. Alleged violation of the right to non-discrimination
81. The Applicant further alleges that the Respondent State violated his rights
under Article 2 of the Charter.
*
82. The Respondent State disputes the Applicant’s claims and submits that it
did not violate his rights provided under Article 2 of the Charter.
***
83. The Court notes that, as a general legal principle, the burden to prove an
alleged violation lies with the Applicant.29 In the instant matter, the Court
observes that the Applicant has not made specific submissions nor has he
provided evidence that he was discriminated against in violation of Article 2
of the Charter.
28
Rajabu and Others v. Tanzania, ibid, §§ 119-120; Henerico v. Tanzania, ibid, §§ 169-170; Juma v.
Tanzania, ibid, §§ 135-136.
29 Sijaona Chacha Machera v. United Republic of Tanzania, ACtHPR, Application No. 035/2017
Judgment of 22 September 2022 (merits), § 82. Yassin Rashid Maige v. United Republic of Tanzania,
ACtHPR, Application No. 018/2017 Judgment of 5 September 2023 (merits and reparations) § 124.
21