circumstances of the case.22 The practice of the Court, in such instances,
is to award a lump sum for moral prejudice.23
86. ln view of the above, the Court grants the Applicant moral damages in the
sum of Tanzanian Shillings Three Hundred Thousand (TZS 300,000).
B. Non-pecuniary reparations
87. The Applicant prays the Court to quash his conviction and order his release
from prison.
88. The Respondent State submits that the Court has no jurisdiction to order
the release of the Applicant. It therefore prays the Court to reject this prayer.
***
i.
On the prayer to quash the conviction
89. Regarding the prayer to quash his conviction, the Court notes that it did not
determine whether the conviction of the Applicant was warranted or not.
Furthermore, the Court was satisfied that the manner in which the
Respondent State determined the case did not occasion any error or
miscarriage of justice to the Applicant requiring its intervention.24 The Court
therefore dismisses this prayer.
ii. On the prayer for release
90. Regarding the prayer for release, the Court has held that this measure can
be ordered only in specific and compelling circumstances. This would be
22
Juma v. Tanzania (judgment), supra, § 144; Viking and Another v. Tanzania (reparations), supra, §
41 and Umuhoza v. Rwanda (reparations), supra, § 59.
23 Zongo and Others v. Burkina Faso (reparations), supra, §§ 61-62 and Guehi v. Tanzania (merits and
reparations), supra, § 177.
24 Stephen John Rutakikirwa v. United Republic of Tanzania, ACtHPR, Application No. 013/2016,
Judgment of 24 March 2022, § 88.
20
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