C. Alleged violation of the right to dignity
100. The Applicants allege that the Respondent State violated their right to
dignity by the mandatory imposition of the death penalty and also due to the
prescribed method of execution in the Respondent State, which is hanging.
101. The Respondent State submits that the Applicants’ submission has no merit
and should be dismissed. It also submits that there is no “evidence nor do
the Applicants allege that their dignity was violated by the state apparatus
during investigation, restraint or in the execution of their sentence.”
***
102. The Court notes that Article 5 of the Charter provides:
Every individual shall have the right to the respect of the
dignity inherent in a human being and to the recognition of
his legal status. All forms of exploitation and degradation of
man, particularly slavery, slave trade, torture, cruel,
inhuman or degrading punishment and treatment shall be
prohibited.
103. The Court recalls that the question of execution by hanging, in the
Respondent State, has previously been dealt with.40 Given that there is no
information to suggest that the legal situation in the Respondent State has
changed, the Court finds that it must simply reiterate its previous findings
on this matter. As previously stated, the implementation of the death penalty
by hanging is “inherently degrading” and “encroaches upon dignity in
respect of the prohibition of […] cruel, inhuman and degrading treatment”.41
Rajabu and Others v. Tanzania, ibid, §§ 119-120; Henerico v. Tanzania, ibid, §§ 169-170; Juma v.
Tanzania, ibid, §§ 135-136.
41 Rajabu v. Tanzania (merits and reparations), supra, §§ 119-120.
40
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