***
94. The Court recalls that in the instant case, it has found that the Respondent
State violated the Applicant’s right to a fair trial by failing to afford him free
legal assistance. Without understating the gravity of this violation, the Court
notes that it did not find that such a violation has any bearing on the
Applicant’s guilt or his conviction.26
95. Furthermore, the Court finds that nothing in the nature of the violation in the
instant case reveals any circumstances that would make the continued
detention of the Applicant a denial of justice or an arbitrary decision. Neither
has the Applicant demonstrated the existence of further exceptional and
compelling circumstances that could warrant an order for his release.27
96. In view of the foregoing, the Court dismisses the Applicant’s request for an
order quashing his conviction and for his release.
IX.
COSTS
97. The Parties did not submit on costs.
***
98. Pursuant to Rule 32(2) of the Rules of Court “unless otherwise decided by
the Court, each party shall bear its own costs”.28
26
Thomas v. Tanzania, supra, § 157; Makungu v. Tanzania, supra, § 84; Isiaga v. Tanzania, supra, §96,
Guéhi v. Tanzania, supra, § 164.
27 Jibu Amir a.k.a. Mussa and Said Ally a.k.a. Mangaya v. United Republic of Tanzania (merits and
reparations) (28 November 2019), 3 AfCLR 629, § 97; Elisamehe v. Tanzania, supra, §112; and Evarist
v. Tanzania, supra, § 82.
28 Formerly Rule 30, Rules of Court, 2 June 2010.
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