***
172. With respect to the violation of Article 7(1)(c) of the Charter as read together
with Article 14(3)(d) of the ICCPR, concerning the Applicant’s right to legal
representation, the Court takes note of the Respondent State’s action to
adopt and implement the Legal Aid Act of 2017 to broadened the scope of
legal aid in the Respondent State and commends the Respondent State for
it.
173. With respect to the violation of Article 5 of the Charter and in light of the
Court’s findings in relation to the provisions for corporal punishment in the
Respondent State’s laws, the Court orders the Respondent State to remove
corporal punishment from the Respondent State’s laws, including but not
limited to the Penal Code, Criminal Procedure Code and Corporal
Punishment Act, in order to make them compliant with the prohibition of
torture, cruel, inhuman or degrading treatment or punishment in Article 5 of
the Charter.
IX.
COSTS
174. The Applicant did not make any submissions on costs.
175. The Respondent State prayed that costs be borne by the Applicant.
***
176. The Court notes that Rule 32(2)51 of the Rules of Court provides that:
“unless otherwise decided by the Court, each party shall bear its own costs,
if any”.
51
Rule 30(2) of the Rules of Court, 2 June 2010.
41