c00892
however further held that non-repetition would be relevant in individual cases
where the violation will not cease or is likely to occur again.3s
147. ln the instant case, the Court is of the view that non-repetition is not warranted in
the circumstances given that the Applicant and his family are no longer living in
the territory of the Respondent State and the orders sought do not include their
return. As such, the likelihood of a fresh deportation and repetition of the
violations found in this judgment is non-existent.
'148. Having said that, the
court notes that, in its Response to the Application, the
Respondent state submits that "... cavity searches are security measures
performed upon entry and exit of most prisons in the Respondent state.,,36 ln
light of that submission, the Court considers that the violation found with respect
to the Applicant has the potential for wider or structural violations, and therefore
holds that an order for non-repetition is warranted in this respect.
149. As a consequence, the Court orders the Respondent State to take all necessary
measures to ensure that anal search as in the instant case and its kind, are
conducted in strict compliance with its international obligations and principles
earlier set out in the findings of the Court on the violation of the right to dignity.
iii. Publication of the Judgment
150' The Applicant prays the Court to order that the Respondent State should publish
in the national Gazette the decision on the merit of the main application within
one (1) month of the delivery of judgment as a measure of satisfaction. He further
prays the Court to order that:
The official English summary developed by the Registry of the court,
of this judgment, which must be translated to Kiswahili at the expense
of the Respondent State and published in both languages, once in
35
Armand Guehi v. Tanzania (Merits and Reparati ons), $ 191 ; and Reverend Chistopher R. Mtikita v.
Tanzania (Reparations), g 43.
ss'Reply to the Application by
ent' da ted 3 September 2015 and received at the Registry
of the Court on g September
36
\-h.'r.-^[