is, therefore, not warranted, and the Court consequently dismisses the
same.49
ii. Guarantees of non-repetition
138. The Applicant does not make specific prayers requesting guarantee of nonrepetition.
139. However, the Court notes that the established violations in the instant
Application, notably, the Applicant’s right to bail arise from the Respondent
States’ laws, specifically, Section 148(5) of the Criminal Procedure Act
(CPA). The Court recalls that this law violates Article 6 of the Charter as it
removes the discretion of judicial officers to grant or deny bail for persons
accused of committing certain crimes, including armed robbery. In so far as
this law remains in force, persons in a similar position to the instant
Applicant therefore remain at the risk of being denied bail if they are charged
with the armed robbery or other offences listed in Section 148 (5) of CPA.
140. In order to guarantee the non-repetition of the established violations, the
Court accordingly orders the Respondent State to amend its domestic law
in such a manner that judicial officers are provided with the discretion to
grant or deny bail to an accusing having taken into consideration the specific
circumstances of each case.
iii. Publication
141. None of the parties made any submissions in respect of the publication of
this Judgment.
***
142. The Court considers, however, that for reasons now firmly established in its
practice, and in the peculiar circumstances of this case, publication of this
49
Stephen John Rutakikirwa v. United Republic of Tanzania, ACtHPR, Application No. 013/2016,
Judgment of 24 March 2022 (merits and reparations), § 88.
34