ii. Non-repetition
143. The Applicant prays the Court to order the Respondent State to guarantee
non-repetition of the violations against him.
*
144. The Respondent State on its part prays the Court to declare that the
Applicant was lawfully detained, following a fair trial and due process of the
law.
***
145. The Court observes that the Applicant seeks reparations for guarantees of
non-repetition of the violations in relation to his individual case. This Court
has previously observed that such measures are usually aimed not at
remedying individual harm but rather to address the underlying causes of
the violation, since the objective is to eradicate structural and systemic
human rights violations.44 However, this Court has also held that guarantees
of non-repetition can also be relevant, especially in individual cases, where
there is evidence that the violation will not cease or is likely to occur again.
Such cases include when the Respondent State has challenged, or failed
to comply with earlier findings and orders of the Court.45
146. In the instant case, the Court found that the Applicant’s rights were violated
only with respect to the Respondent States failure to provide him with free
legal assistance and to facilitate his rights to consular services, for which
the remedy has been granted. These violations are not systemic or
structural in nature within the circumstances of this case. Furthermore, there
is no evidence that the violations have been or are likely to be repeated.
African Commission on Human and Peoples’ Rights, General Comment No. 4 on the African Charter
on Human and Peoples’ Rights: The Right to Redress for Victims of Torture and Other Cruel, Inhuman
or Degrading Punishment or Treatment (Article 5), § 10 (2017). See also Case of the "Street Children"
(Villagran-Morales et al.) v. Guatemala, Inter-American Court of Human Rights, Judgment on
Reparations and Costs (May 26,2001).
45 See Mtikila v. Tanzania (reparations), supra, § 43.
44
36
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