00021s
Respondent State to bear the costs; (iii) issue such other order(s) or measure(s)
as the Court deems appropriate in the circumstances of the instant case.
101. However, when requested to clarify and substantiate his claim for reparation, the
Applicant did not file any submissions.
102.
The Respondent State in its submission prayed the Court to dismiss
the
Applicant's claim for reparation and order him to pay the costs.
***
103. Article 27(1\ of the Protocol provides that: "if the Court finds that there has been
violation of a human or people's rights, it shall make appropriate orders to remedy the
violation, including the payment of fair compensation or reparation".
104. Rule
63 of the Rules, stipulates that: "the Court shall rule on the
request for
reparation... by the same decision establishing the violation of a human and peoples' right
or, if the circumstances so require, by a separate decision".
105. The Court recalls its jurisprudence in Reverend Christopher R. lt/ltikila v. United
Republic of Tanzama in application of Article 27(1) of the Protocolwhereby "...any
violation of an international obligation that has caused harm entails the obligation to
provide adequate reparation."l
5
106. The Court notes that, in the instant case, the Applicant's right to legal aid was
violated but this did not affect the outcome of his trial. The Court further notes that
the violation it found caused non-pecuniary prejudice to the Applicant who
requested adequate compensation in accordance with Article 27(1) of the Protocol.
107. The Court therefore awards the Applicant an amount of three hundred thousand
Tanzania Shillings (TZS 300,000) as fair compensation.
Application No. 01 112011. Ruling of 131612014, Reverend Christopher R. Mtikila v. United Republic of
Tanzania. para.27
1s
24
s