Judgment is necessary. Given the current state of law in the Respondent
State, threats to liberty associated with the denial of the right to bail with
respect to certain categories of crimes persist in the Respondent State.
There is also no indication whether measures are being taken for the laws
in this regard to be amended and aligned with the Respondent State’s
international human rights obligations. The Court thus finds it appropriate to
order publication of this Judgment.
iv. Implementation and reporting
143. Both Parties, apart from making a generic prayer that the Court should grant
other reliefs as it deems fit, did not make specific prayers in respect of
implementation and reporting.
***
144. The justification provided earlier in respect of the Court’s decision to order
publication of the Judgment is equally applicable in respect of
implementation and reporting. The Court therefore orders the Respondent
State to amend its Section 148(5) of its Criminal Procedure Act within three
(3) years from the date of notification of this judgment and report on
measures undertaken to do so every six (6) months until the Court considers
that there has been full implementation thereof.
IX.
COSTS
145. Each Party prays the Court to order that the other Party should bear the
costs.
***
146. The Court observes that Rule 32(2) of the Rules provides that: “Unless
otherwise decided by the Court, each party shall bear its own costs, if any.”
35