VII.
The alleged Denial of the Right to the Respect of the
Dignity inherent in a Human Being and to the
Recognition of his Legal Status and the Prohibition
from all Forms of Exploitation and Degradation of Man,
Particularly Torture, Cruel, Inhuman
or Degrading
Punishment and Treatment
141. The Applicant alleges that the undue delay in the hearing of his
appeal and review amounts to torture, cruel, inhuman and degrading
punishment and treatment contrary to Article 5 of the Charter.
142. The Respondent maintains that torture, cruel, inhuman and
degrading punishment and treatment are prohibited under Section
13(c) and (e) of the Constitution of the United Republic of Tanzania
and that the Applicant should show proof of the same. The
Respondent asserts that there has been no delay in hearing the
Applicant's appeal and review and that his imprisonment is lawful.
143. The Court has found that there has been an undue delay in the
hearing of the Applicant's Appeal at the Court of Appeal. The
Applicant started pursuing his appeal from 23 March 2000 to 29 May
2009, when the Court of Appeal dismissed the appeal. This was n
period of nine (9) years and two (2) months. The issue for
determination is whether this nine (9) years and two (2) months'
delay in the Applicant's appeal amounts to torture, cruel or inhuman
or degrading punishment and treatment.
144. The Court, like the African Commission, applies and interprets
the Charter. In this regard, the Court takes into consideration, the
57
/
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières