C. Other forms of reparation
i. Non-repetition
190. The Applicant requests the Court to make an order for guarantee of non-repetition
of the violations. The Respondent State prays the Court to dismiss the claim given
that there was no violation to warrant an order of non-repetition.
***
191. The Court notes that, while they seek to prevent the commission of future
violations,58 guarantees of non-repetition are generally used to eradicate structural
and systemic human rights violations. 59 These measures are therefore not usually
aimed to remedy individual harm but rather to address the underlying causes of the
violation. Having said that, the Court is of the view 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 not complied with earlier findings and orders
of the Court. 60
192. In the instant case, the Court found that the Applicant's rights were violated only
with respect to his lengthy trial and deprivation of food for which 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. The Court also notes that, in compliance
with its Order for provisional measures, the Respondent State has not carried out
the execution of the Applicant pending consideration of the merits of the present
Application. The Court is of the view that, in the circumstances, the order sought is
not warranted. The request is consequently denied.
See Norbert Zanga and Others v. Burkina Faso (Reparations), op.cit., §§. 103-106.
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" (VillagranMorales et al.) v. Guatemala, Inler-American Court of Human Rights, Judgment on Reparalions and Costs
(May 26,2001).
60 See Reverend Christopher Mlikila v. Tanzania (Reparations), op. cit., §. 43.
58
59
46