of rights enshrined therein, such rules and regulations may not be allowed
to nullify the very rights and liberties they are to regulate.”32
161. The Court reiterates as it has held in its earlier judgments, that, examining
an alleged violation of Article 1 of the Charter involves a determination not
only of whether the measures adopted by the Respondent State are
available but also if these measures were implemented in order to achieve
the intended object and purpose of the Charter. 33
162. Consequently, whenever a substantive right of the Charter is violated due
to the Respondent State’s failure to meet these obligations, Article 1 of the
Charter will be found to have been violated as well.
163. In the present case, the Court has found that the Respondent State has
violated Articles 2, 7(1) and 7(1)(b) of the Charter. Consequently, the Court
holds that the Respondent State has also violated Article 1 of the Charter.
VIII. REPARATIONS
164. The Applicants pray the Court to order the Respondent State to put in place
constitutional and legislative measures so as to guarantee the rights
provided for in the Charter and other international human rights instruments.
165. Furthermore, the Applicants seek an order that all suspects and accused
persons charged with unbailable offences be released on bail within one (1)
month from the date of this decision under bail conditions to be set by the
Respondent State’s courts, based on the circumstance of each case.
32
Mtikila v. Tanzania (merits), supra, § 109.
Armand Guehi v. United Republic of Tanzania (merits and reparations) (2018) 2 AfCLR 477, §§ 149150 and Ally Rajabu and Others v. United Republic of Tanzania, (merits and reparations) (28 November
2019) 3 AfCLR 539, § 124.
33
36