cause the least possible suffering in cases where the death penalty is permissible.74 Having found that the mandatory imposition of the death sentence violates the right to life due to its arbitrary nature, the Court holds that, as method of enforcing the death sentence, hanging inevitably encroaches upon dignity in respect of the prohibition of torture and cruel, inhuman and degrading treatment.75 160. In the circumstances, the Court holds that the Respondent State violated the Applicants right to dignity enshrined in Article 5 of the Charter with regard to the method of execution by hanging. iii. Allegation relating to the exposure to death row phenomenon 161. The Applicants avers that they have been subjected and exposed to the “death row phenomenon” during their extended detention of nineteen (19) years for the First Applicant and eighteen (18) years for the Second Applicant, of which eleven (11) were on death row in deplorable conditions. 162. The Applicants contend that during that time, they were subjected to the psychological torment of living in constant fear of impending death, known as the “death row phenomenon”, a term that the courts use to describe the anxiety, dread, fear, and psychological anguish that often accompany longterm incarceration on death row.76 They argue that although the death row phenomenon itself is not a medical diagnosis, the underlying symptoms may be detected through a clinical interview. 163. They further submit that in recent capital sentencing hearings, the High Courts of Malawi have reinforced the principle that prolonged confinement on death row amounts to cruel and degrading inhumane punishment. 77 According to them, the existence of a de facto moratorium on the death penalty does not mitigate the risk of death row phenomenon because during 74 Rajabu and Others v. Tanzania (merits and reparations), supra, § 118. Ibid, §§ 119-120. 76 A cruel and unusual punishment, 57 Lowa L. Rev. 814, 814 (1972). 77 Republic v. Yale Maonga, sentence rehearing cause No. 29 of 2015 (unreported). 75 46