***
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