B. Non-pecuniary reparations
i.
Setting aside sentences of life imprisonment and 12 strokes of the cane,
and restoration of liberty
88. The Applicants pray the Court to overturn their conviction and sentence and
set them free. They also pray that the Court should set aside their sentences
to life imprisonment and 12 strokes of the cane.
*
89. The Respondent State prayed that the Court dismisses the Application in its
entirety.
***
90. The Court recalls that Article 27(1) of the Protocol empowers it, upon finding
a violation, to order measures of reparations including, the release of
prisoners. However, as per its jurisprudence, an order for release of an
Applicant can only be made under special and compelling circumstances. 39
91. In the present case, however, the Court notes that it has not established
any violations relating to the conviction and sentence of the Applicants
except in so far as concerns the question of corporal punishment and
access to free legal assistance. These violations, in the Court’s assessment,
do not vitiate the findings reached by the domestic courts in relation to the
guilt of the Applicants.
92. As a consequence of the above, the Court dismisses the Applicants’ prayer
for the overturning of their conviction, and for their release from prison.
93. The above notwithstanding, the sentence of 12 strokes of the cane, as
earlier demonstrated, contravenes the Charter. Given the findings in this
39 Thomas v. Tanzania (merits), supra, § 157.
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