penalty does not meet the requirement set out under the Charter and the Applicant therefore ought not to be on death row in the first place. 158. In light of the foregoing, the Court holds that the period of eight (8) years, in the instant case, whereby the Applicant had to endure the conditions on death row and the anguish and tension of living with the ever-present fear of being executed amounts to cruel, inhuman or degrading treatment or punishment. iii. On deplorable prison conditions of the Applicant 159. The Applicant alleges that as a death row prisoner for eight (8) years, he was incarcerated under deplorable prison conditions that included isolation, cramped environments, harassment and arbitrary or severe rules. The Applicant submits that during his incarceration, he has suffered from longterm health problems mainly stomach problems and he did not receive any treatment for these issues. He avers that he suffers from headaches and ulcers as a result of the conditions of his detention. He avers that the nature of the incarceration on death row constitutes cruel, inhuman or degrading treatment in violation of Article 5 of the Charter. 160. The Respondent State avers that the Applicant’s claims are unsubstantiated and that the prisons in Tanzania are in a very good condition to receive prisoners for the whole time when they are serving their sentence. *** 161. In respect of deplorable conditions of prison, this Court has held in the matter of Leon Mugesera v. Republic of Rwanda that Article 5 of the Charter “can be interpreted as extending to the broadest possible protection against abuse, whether physical or mental”.71 The Court also held that the cruelty or inhumanity of the treatment must be assessed on a case-by-case basis 71 Leon Mugesera v. Republic of Rwanda (judgment) (27 November 2020) 4 AfCLR 834, § 80. 45