E. Violation of the right to dignity
111. Similarly, although the Applicant did not make any submissions on the right to
dignity, the Court also notes from the record that the Applicant was sentenced
to death by hanging. The Court, therefore, reiterates its established
jurisprudence that the execution of the death penalty by hanging constitutes a
violation of the right to dignity under Article 5 of the Charter.35
112. For that reason, the Court holds that the Respondent State violated the
Applicant’s right to dignity protected under Article 5 of the Charter in relation
to the method of execution of the death penalty, that is, by hanging.
VIII. REPARATIONS
113. Article 27(1) of the Protocol provides that “If the Court finds that there has
been violation of a human or peoples’ rights it shall make appropriate orders
to remedy the violation, including the payment of fair compensation or
reparation.”
114. Having found that the Respondent State did not violate any rights alleged
by the Applicant, the Court dismisses the Applicant’s prayers for
reparations.
115. The Court recalls, however, that it has found that the Respondent State
violated the Applicant’s right to life and to dignity, guaranteed under Articles
4 and 5 of the Charter, in relation to the mandatory imposition of the death
penalty by hanging.
116. The Court, therefore, orders the Respondent State to take all necessary
measures, within six (6) months of the notification of this Judgment, to
35
Rajabu and Others v. Tanzania, ibid, §§ 119-120; Henerico v. Tanzania, ibid, §§ 169-170; Juma v.
Tanzania, ibid, §§ 135-136.
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