129. Article 5 of the Charter provides that:
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.
130. The Court notes that the domestic courts were guided by Section 286 of the
Penal Code, which read at the time of sentencing as follows:
Any person who commits robbery is liable to imprisonment for twenty years
and if the offender is armed with any dangerous or offensive weapon or
instrument, or is in company with any other person or if, at or immediately
before or immediately after the time of robbery, he wounds, beats, strikes or
uses personal violence to any person, he is liable to imprisonment for life,
with or without corporal punishment.
131. The Court further notes that the District Court imposed a sentence of thirty
(30) years in prison and twelve (12) strokes of the cane.
132. As to the sentence of thirty (30) years prison, the Court notes that the
domestic courts imposed a prison sentence that is not in contradiction with
the legal provisions concerning the punishment for the offence for which the
Applicant was convicted, that is Section 286 of the Penal Code. The Court
further notes that the District Court took into consideration the mitigating
factors raised by the Applicant.
133. In these circumstances, the Court finds that there is no basis to find a
violation and, therefore, holds that the Respondent State did not violate the
Applicant’s right not to be subjected to inhumane and degrading punishment
protected under Article 5 of the Charter, by imposing a thirty (30) year prison
sentence.
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