30. The Court notes that, in examining an Application for interpretation, it does
not complete or modify the decision it rendered - it being a final decision with
the effect of res judicata - but clarifies the meaning and scope thereof.
31.ln the context of the instant request for interpretation, the Court wishes to
recall the principle generally applied by international jurisdictions that
reparation should, as far as possible, erase the consequences of an unlawful
act and restore the state which would have presumably existed if the act had
not been committed.
32.ln this regard, Article 27(1) of the Protocol provides that: "if the Court finds that
there has been violation of a human or peoples' rights, it shall make appropriate
orders to remedy the violation, including the payment of fair compensation or
reparation. "
33. As has been stated above, the most appropriate form of remedy for violation
of the right to a fair trial is to act in such a way that the victim finds him/herself
in the situation that he/she would have been had the violation found not been
committed. To attain this objective, the United Republic of Tanzania has two
options: it should either reopen the case in compliance with the rules of a fair
trial or take all appropriate measures to ensure that the Applicant finds
himself in the situation preceding the violations.
34.As regard the first option, the Court is of the view that reopening the case
would not be a just measure, in as much as the Applicant has already spent
nineteen (19) years in prison, more than a half of the prison sentence, and
given that a fresh judicial procedure could be long. 1 Accordingly, the Court
has excluded such a measure.
1
Application No. 007/2013 Mohamed Abubakari v. United Republic of Tanzania, Judgment of 3 June
2016, Paragraph 235.
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