E. Violation of the right to dignity through imposition of the mandatory death
penalty by hanging
120. The Court observes that the Applicant only raised the violation of the right
to dignity arising from the brutalisation by the police authorities and not with
respect to the mandatory imposition of the death penalty by hanging.
However, in Ally Rajabu and Others v. United Republic of Tanzania, the
Court observed that many methods used to implement the death penalty
have the potential of amounting to torture, as well as cruel, inhuman and
degrading treatment given the amount of suffering and pain involved. It has
also held that hanging a person is one of such methods that is inherently
degrading.65 The Court further recalls its position in the matter of Amini
Juma v. United Republic of Tanzania where it held that the execution of the
death penalty by hanging encroaches upon the dignity of a person in respect
of the prohibition of torture and cruel, inhuman and degrading treatment.66
121. The Court reiterates its position that in accordance with the very rationale
for prohibiting methods of execution that amount to torture or cruel, inhuman
and degrading treatment, the prescription should be that methods of
execution must exclude suffering or involve the least suffering possible in
cases where the death penalty is permissible.67
122. Having found that the mandatory imposition of the death sentence violates
the right to life due to its obligatory nature, the Court holds that, as the
method of implementation of that sentence, that is, by hanging, inevitably
encroaches upon dignity in respect of the prohibition of torture and cruel,
inhuman and degrading treatment.68
123. Given the above, the Court finds that the Respondent State violated the
Applicant’s right to dignity and not to be subjected to cruel, inhuman or
65 Rajabu and Others v. Tanzania (merits and reparations), supra, §§ 118-119.
66 Juma v. Tanzania (judgment), supra, § 136.
67 Rajabu and Others v. Tanzania (merits and reparations), supra, § 118.
68 Ibid, §§ 119-120.
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