14. He also contends that there are various options, either taken alone or in
combination, which the
United Republic of Tanzania can effect in
compliance with the 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's legislation provides for many possible remedies for
wrongfully convicted persons such as himself; that these remedies include,
but are not limited to, the following:
a)
Remission of sentence, provided for under the Penal Code Chapter 16,
which at Section 27 (2) provides for the remission of a 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 the Applicant's thirty
(30) years prison sentence.
b)
Outright or conditional discharge provided for under Section 38 of
the Penal Code which confers powers on the Court which convicted
an offender 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 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.
c)
Presidential pardon,
provided for under Section 45 of the
Constitution of the United Republic of Tanzania, pursuant to which
.
.
.
the President of the United Republic of Tanzania may grant pardon,
,
.
.
with or without condition, to any person convicted of an offence by a
court.
5