167. In the instant case, the Court notes that the Applicants were sentenced to
death by hanging by the High Court of Tanzania at Bukoba on 31 May 2007
and were still on death row on 8 March 2016, when they filed their
Application before this Court, that is, eight (8) years, nine (9) months and
eight (8) days spent on death row in Butimba Prison.
168. The Court recalls its own jurisprudence in the Rajabu case where it held that
eight (8) years on the death row constituted cruel, inhuman or degrading
treatment or punishment.82 The Court also takes cognisance of the trend
set by international jurisprudence that a delay of more than three (3) years
between the confirmation of a prisoner’s death sentence on appeal and
execution,
constitutes cruel, inhuman or degrading
treatment
or
punishment.83
169. In light of the foregoing, The Court holds that the Respondent State violated
the Applicants’ right to dignity enshrined in Article 5 of the Charter insofar
as it kept the Applicants on death row for an extended period of (8) years,
nine (9) months and eight (8) days which amounts to cruel, inhuman or
degrading treatment or punishment.
iv. Allegation on being subjected to deplorable prison conditions
170. The Second Applicant avers that his being on death row is compounded by
the deplorable conditions in Tanzanian’s Butimba prison, to which he is
exposed. He avers that this violates his right to be treated humanely and
with dignity as provided for under Article 5 of the Charter and under the
Nelson Mandela Rules.84
82
Ibid.
Attorney-General v. Susan Kigula & 17 Others (Constitutional Appeal 3 of 2006) UGSC 6 (21 January
2009) (Supreme Court of Uganda) and Catholic Commissioner for Justice and Peace in Zimbabwe v.
Attorney General of Zimbabwe and Others, Zimbabwe: Supreme Court, 24 June 1993.
84 Rule 13 “[a]ll accommodation provided for the use of prisoners and in particular all sleeping
accommodation shall meet all requirements of health, due regard being paid to climatic conditions and
particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.”
83
48