001338
the Respondent state to take all necessary measures for the rehearing of the
case on the sentencing of the Applicants through a process that does not allow
a mandatory imposition of the death penalty, while upholding the full discretion
of the judicial officer.
159.
As for the prayer that the Applicants be released, the court holds that in
light of its earlier findings in respect of the conviction and sentencing of the
Applicants, an order for release is not warranted. The prayer is consequenfly
dismissed.
160.
Regarding
the prayer for restoration in the situation prior to
the
violations, the court considers that the finding in respect of the prayer to be
released applies. This prayer is equally dismissed.
ii.
161.
Non-repetition
The Applicants prays the court to order that the Respondent state
guarantees non-repetition of the violations against them and reports back to the
Court every six (6) months until the orders are implemented.
162.
The Court considers that, as it has held in the case of Lucien lkili Rashidi
v. united Republic of ranzania, guarantees of non-repetition are generally
aimed at addressing violations that are systemic and structural in nature rather
than to remedy individual harm.5s The court has however also held that nonrepetition could apply in individual cases where there is a likelihood of continued
or repeated violations.s6
55
see Lucren lkili Rashidi v. Tanzania, op. ot-, $$, 146-i49. see also, Armand Guehi v. Tanzania, op.
$ 191; and NorbertZongo and Othersv. Burkina Faso (Reparations), gg 103-106.
sfl.,see
Lucien lkili Rashidi v. Tanzania, op. crt; see atso Aimand oieiiv. Tanzania, op.
Reverend Chistopher R. lvftikila v. Tanzania (Reparations), g 43.
44
cit.: and