*** 132. 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. 133. The Court recalls that it has previously held that the implementation of the death penalty by hanging, where such a penalty is permitted, is “inherently degrading” and “encroaches upon dignity in respect of the prohibition of … cruel, inhuman and degrading treatment”.31 The Court, therefore, found that, this constitutes a violation of the right to dignity under Article 5 of the Charter. The Applicant in the instant case faces the same penalty. 134. The Court, therefore, finds that the Respondent State violated Article 5 of the Charter. D. Alleged violation of other human rights 135. The Applicant also alleges that the Respondent State’s violated his rights as guaranteed in Articles 3(1) and (2), 7(1)(d) and 7(2) of the Charter. * 136. The Respondent State contends that the Applicant fails to show how the Respondent State violated his rights under Articles 3(1) and (2), 7(1)(d) and 7(2) of the Charter. It, therefore, submits that the allegations should be dismissed for being unsubstantiated and for lack of merit. *** 31 Rajabu and Others v. Tanzania, supra, §§ 119-120; Henerico v. Tanzania, supra, §§ 169-170; Juma v. Tanzania, supra, §§ 135-136. 32

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