12. He argues that the United Republic of Tanzania filed a report on the measures it
has taken outside the specified time of six (6) months set by the Court, and that
the said report represents only partial implementation of the measures ordered
by the latter.
13. Abubakari further maintains that had the United Republic of Tanzania sought to
have all or part of the Judgment interpreted, it could have so requested as soon
as possible and in any case, prior to the expiry of the time frame ordered by the
Court to receive the Respondent's report; and that the Application for
interpretation should therefore have preceded the report on implementation.
14. He further contends that there are various options, either taken alone or in
combination, which the United Republic of Tanzania effects in compliance with
Court's Order to "take all appropriate measures within a reasonable time frame
to remedy all the violations established"; that the United Republic of Tanzania
legislation provides for many possible remedies for wrongfully convicted persons
such as himself; that these remedies include, but not limited to, the following:
a) Remission of sentence, provided for under the Tanzanian Penal Code CAP 16
which at section 27 (2) provides for the remission of prison sentence in respect
of which the United Republic of Tanzania could have filed an Application at the
Court of Appeal for the remission of Applicant's
thirty (30) years prison
sentence.
b) Outright release or conditional release, provided under section 38 of the
Tanzanian Penal Code which confers on the Court which convicted an offender
the power to order his absolute or conditional discharge, provided that the
offender does not commit another offence during the period of conditional
discharge, and such period must not exceed 12 months. In this regard, since the
Applicant has already served twenty (20) years of his thirty (30) years' sentence,
and considering the favourable Judgment of this Court and his conduct during his
imprisonment, the United Republic of Tanzania could have taken this measure.