ALEX THOMAS vs UNITED REPUBLIC OF TANZANIA APPLICATION NO. 005/2013 DISSENTING OPINION JUDGE ELSIE N. THOMPSON, VICE PRESIDENT JUDGE RAFAA BEN ACHOUR 1. We agree substantially with the merits of the judgment of the Court but there is one particular issue on the Order at paragraph 159 which we would approach in a different manner and make a specific order. 2. The Applicant alleges violation of several articles of the African Charter on Human and Peoples' Rights which have been set out in the judgment and he seeks amongst other reliefs, that he be released from prison. 3. The Court in its wisdom finds infractions of Articles 1, and 7(1) (a), (c) and (d) of the Charter and Article 14(3)(d) of the ICCPR based largely on lack of fair hearing and then orders the State to:

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