***
93. 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 at
eradicating structural and systemic human rights violations. However, such
remedies can also be relevant to 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.39
94. The Court notes that the Applicant does not substantiate this prayer.
Furthermore, there is no evidence on file that the violation found will not
cease, is likely to occur again regarding the Applicant and there had been
no previous finding or order in respect of the present Application. Besides,
findings of the Court in this judgment sufficiently address the violation
established.
95. Consequently, the prayer for the guarantee of non-repetition regarding the
Applicant is dismissed.
96. Having stated that, the relevance of guaranteeing non repetition regarding
provision of legal aid extends beyond the individual situation of the Applicant
as arises in the present Application. In this regard, the Court recalls that it
had previously found violation regarding the right to free legal assistance. It
had observed that the Respondent State’s Legal Aid Act 2017 is not fully
aligned with its previous judgments and the Charter in respect of the right
to free legal assistance.40 The Court therefore deems it necessary to make
an order in this regard, and thus Orders the Respondent State to take all
constitutive and legislative measures to amend the Legal Aid Act 2017 in
order to fully align it with the Respondent State’s international obligations as
reflected in the Charter and ICCPR.
39
40
See Mtikila v. Tanzania (reparations), supra, § 43.
See § 87 above.
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