000494 84. As regards the Applicant's prayer to be released if the Respondent State fails to provide him with the certified true copies of the record of proceedings and judgments, the Court has established that such a measure could be directly ordered by the Court only in exceptional and compelling circumstances.eThe Court has stated that examples of such compelling circumstances include "if an Applicant sufficiently demonstrates or the Court itself establishes from its findings that the Applicant's arrest or conviction is based entirely on arbitrary considerations and his continued imprisonment would occasion a miscarriage of justice. ln such circumstances, the Court has, pursuant to Article 27(1) of the Protocol to order "all appropriate measures" including the release of the Applicant".l0 85. ln the instant case, the Court has found at paragraph 65 of this judgment that the Respondent State has violated the Applicant's right to appeal under Article 7(1 )(a) of the Charter by not providing him the certified true copies of the records of proceedings and judgments in the two Criminal Cases. The Court notes that this has resulted in the Applicant having served twenty (20) years in prison, a period which represents twothirds of the total prison term of thirty (30) years following his convictions, without having exercised his right to appeal. 86. The Court considers that these circumstances have resulted in a miscarriage of justice and are compelling enough to warrant it to grant the Applicant's prayer to be released as being the most proportionate measure to restore the Applicant. rx. cosrs 87. The Applicant has made submissions that costs be granted following the event. The Respondent State has asked for the costs to be borne by the Applicant. e Alex Thomas v. Tanzania Judgment op. cit.,5157; Mohamed Abubakari v. Tanzania Judgment op.ctf., $ 234. Application No. 016/2016. Judgment of 21l0912018, Diocles William v United Republic of Tanzania, $ 101; See also Application No. 02712015. Judgmenlof 2110912018, Minani Evaristv United Republic of Tanzania, $ 82. 10 r 2t 4