only in the most exceptional and extreme cases of murder. Furthermore,
citing the UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary
Executions and other authorities, they contend that proceedings leading to
the imposition of capital punishment must conform to the highest standards
of independence, competence, objectivity and impartiality on the part of
judges and juries, in accordance with the pertinent international legal
instruments.95 According to the Applicants, imposing a death sentence after
an unfair trial, such as when the defendant has been deprived of adequate
legal representation, constitutes an arbitrary deprivation of life.96 Moreover,
they aver that imposing the death sentence after an unfair trial violates
Article 6(2) of the ICCPR. They surmise that the sentencing court should
have been allowed discretion to take into account the character of the
offender and any other relevant circumstances.
199. The First Applicant specifically avers that he suffered severe hardship,
including living and growing up in extreme poverty, not having been afforded
the opportunity to receive basic education, witnessing the violence of the
Burundian Civil War, being forced to flee his home out of fear for his life,
and spending six years in Lukole, a refugee camp in Tanzania. He submits
that, these mitigating social factors ought to have been taken into
consideration when sentencing him.
*
200. The Respondent State contends that the Applicants were accorded due
process and sentenced according to the laws of the land.
***
Attorney General, Constitutional Appeal No. 03 of 2006 (21 January 2009), Kafantayeni and Others v.
Attorney General, Constitutional Case No. 12 of 2005 (unreported), Republic v. Felix Madalits Kake,
Confirmation Case N. 404 of 2010 (unreported), Locket v. Ohio, 438 US 585 (1978), Mulla & Another v.
State of UP, Criminal Appeal No. 396 of 2008, §§ 53-59.
95 Johnson v. Jamaica No. 588/1994, H.R. Comm. {1999}, § 8.9; Reid v. Jamaica [supra], § 11.5; {See
Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, UN Document E/CN.
4/2001/9 {11 January 2001}, §§ 81, 86}.
96 General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights,
on the right to life, U.N. Doc. CCPR/C/G/36, § 36 (H.R.C. 30 Oct. 2018).
56