ii. Publication of the Judgment
193. The Applicant seeks an order that the Respondent State publishes the judgment in
the national Gazette within one month of its delivery as a measure of satisfaction.
The Respondent State does not make any specific submission in this respect.
***
194. The Court reiterates its position that "a judgment, per se, can constitute a sufficient
form of reparation for moral damages".61 In its previous judgments, the Court has
however departed from that principle to order the publication of its judgments where
the circumstances so require or proprio motu.62
195. The Court restates its earlier finding that the violations found in this case did not
fundamentally affect the outcome of the proceedings in domestic courts. Therefore,
the findings of the Court in relation to the prayer for an order of non-repetition also
apply to the request for publication. Furthermore, the declaratory and compensatory
reliefs granted by the Court represent sufficient remedy for the violations found. In
light of these considerations, the Court is of the view that publication of the judgment
is not warranted. As a consequence, the request is denied.
IX.
COSTS
196. In terms of Rule 30 of the Rules "unless otherwise decided by the Court, each party
shall bear its own costs."
See Reverend Christopher Mtikila v. Tanzania (Reparations), §. 45.
See Reverend Christopher Mtikila v. Tanzania (Reparations), §§. 45, 46(5); and Norbert Zanga and Others
v. Burkina Faso (Reparations), op.cit., §. 98.
61
62
47