Article 27 of the Protocol. It also prays the Court to declare that the Applicant
continue to serve his sentence.
***
87. The Court notes that the Applicant makes a prayer for material damage owing
to loss of income without substantiating his claims. The prayer is
consequently dismissed.
88. However, the Court found that the Respondent State violated the Applicant’s
right to free legal assistance by failing to afford the Applicant counsel during
the proceedings before domestic courts.
89. The Court notes that the violation found caused the Applicant moral prejudice
and, therefore, in the exercise of its judicial discretion, it awards the Applicant
the sum of Three Hundred Thousand (300,000) Tanzanian shillings as fair
compensation.26
B. Non-pecuniary reparations
90. The Application prays that he be set free.
91. The Respondent State prays the Court to dismiss all of the Applicant’s
requests and to order that the Applicant continue to serve his sentence.
***
92. In the instant case, the Court recalls that it has found that the Respondent
State violated the Applicant’s right to a fair trial by failing to afford him free
legal assistance. Without understating the gravity of this violation, the Court
26
Stephen John Rutakikirwa v. United Republic of Tanzania, ACtHPR, Application No. 013/2016,
Judgment of 24 March 2022 (merits and reparations), § 85; Anaclet Paulo v. United Republic of
Tanzania (merits) (21 September 2018) 2 AfCLR 446, § 107; Minani Evarist v. Tanzania (merits and
reparations) (28 November 2018) 2 AfCLR 402, § 85.
21