000495
Court should order his immediate release from prison and any other orders or
reliefs it may deem fit.
79.
ln its Response to the Application, as indicated in paragraph 26 and 27 above,
the Respondent State did not address the Applicant's prayers on remedies, rather
it stated that the Application is inadmissible, the Court should find that it has not
violated Articles 2, 3(1) and (2) and 7(1)(a) of the Charter and the Application
should be dismissed with costs for lack of merit.
**
80.
Article 27 (1) of the Protocol provides that "if the Court finds that there has been
a
violation of a human or peoples' rights, it shall make appropriate orders to remedy the
violation, including the payment of fair compensation or reparation".
81.
ln this respect, Rule 63 of the Rules stipulates that "the Court shall rule on the
request for the reparation ... by the same decision establishing the violation of a human
and peoples' right or, if the circumstances so require, by a separate decision".
82.
The Court recalls its position on State responsibility in Reverend Christopher R.
Mtikila v. United Republic of Tanzama, that "any violation of an international
obligation that has caused harm entails the obligation
to provide
adequate
reparation".s
83.
With regard to the issue of supplying the certified true copies of the records of
proceedings and judgments, the Court had, pursuant to Rule 41 of the Rules,
directed the Respondent State to file them, as stated in paragraph 20 above, but
the Respondent State did not comply.
sApplication No. 01 112011. Ruling on Reparations of 13/06/2014, Reverend Christopher R. Mtikila v. United
Republic of Tanzania, $ 27 .
20
YT
*S
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