B. Non-pecuniary reparations i. Setting aside sentences of life imprisonment and 12 strokes of the cane, and restoration of liberty 88. The Applicants pray the Court to overturn their conviction and sentence and set them free. They also pray that the Court should set aside their sentences to life imprisonment and 12 strokes of the cane. * 89. The Respondent State prayed that the Court dismisses the Application in its entirety. *** 90. The Court recalls that Article 27(1) of the Protocol empowers it, upon finding a violation, to order measures of reparations including, the release of prisoners. However, as per its jurisprudence, an order for release of an Applicant can only be made under special and compelling circumstances. 39 91. In the present case, however, the Court notes that it has not established any violations relating to the conviction and sentence of the Applicants except in so far as concerns the question of corporal punishment and access to free legal assistance. These violations, in the Court’s assessment, do not vitiate the findings reached by the domestic courts in relation to the guilt of the Applicants. 92. As a consequence of the above, the Court dismisses the Applicants’ prayer for the overturning of their conviction, and for their release from prison. 93. The above notwithstanding, the sentence of 12 strokes of the cane, as earlier demonstrated, contravenes the Charter. Given the findings in this 39 Thomas v. Tanzania (merits), supra, § 157. 23

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