long.14 The Court emphasises that, detention on death row is inherently
inhuman and encroaches upon human dignity.15 This Court reiterates that
the distress associated with detention awaiting execution of the death
sentence stems from the natural fear of death and the uncertainty that a
condemned prisoner has to live with.16 In such a case, States such as the
Respondent are encouraged to determine appropriate sentences that
remove the constant possibility of the enforcement of the death penalty for
persons originally sentenced to death.
71. The Court notes, in the present case that the situation is exacerbated by
the fact that the Applicant was sentenced to death without consideration of
mitigating circumstances including an alternative sentence, as the domestic
court’s discretion was removed by law, in contravention of the Charter.
Given these circumstances, the Applicant invariably suffered psychological
and emotional distress which constitutes a violation of his right to dignity.
72. Consequently, the Court finds that the Applicant’s right to dignity protected
under Article 5 of the Charter was violated.
VIII. REPARATIONS
73. The Applicant prays the Court to grant him reparations for the violations he
suffered, including quashing his conviction and sentence and ordering his
release.
74. The Respondent State prays the Court to dismiss the Applicant’s prayer for
reparations.
***
14
Ghati Mwita v. United Republic of Tanzania, ACtHPR, Application No. 012/2019, Judgment of 1
December 2022, § 87.
15 Ibid.
16 Misalaba v. Tanzania (judgment), supra, § 16.
17
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