165. With respect to the prayer for release, the Court recalls its position in Gozbert Henerico v. United Republic of Tanzania where it held that: The Court can only order a release if an Applicant sufficiently demonstrates or if the Court by itself establishes from its findings that the Applicant’s arrest or conviction is based entirely on arbitrary considerations and that his continued detention would occasion a miscarriage of justice.79 166. The Court notes that the violations found in the present judgment do not impact on the Applicant’s guilt and conviction, and the sentencing is affected only to the extent of the mandatory nature of the penalty. The commission of the offence as adjudicated by domestic courts has thus remained unaffected in the proceedings before this Court. Further, the order made above for a rehearing of the Applicant’s case on sentencing demand that he remains in custody pending the said proceedings. The prayer for release is consequently declined. iv. Publication of the Judgment 167. Though the Applicant did not make any request for publication of this judgment, pursuant to Article 27 of the Protocol and its inherent powers, the Court will consider this measure. In its previous judgments, the Court has suo motu ordered the publication of its judgments after taking into account the circumstances of the cases.80 168. The Court observes that, in the present Application, the violation of the right to life by the provision on the mandatory imposition of the death penalty goes beyond the individual case of the Applicant. The Court notes that threats to life associated with the mandatory death penalty remain alive in Henerico v. Tanzania (merits and reparations), supra, § 202; Mgosi Mwita Makungu v. United Republic of Tanzania (merits) (7 December 2018) 2 AfCLR 550, § 84; Minani Evarist v. United Republic of Tanzania (merits and reparations) (21 September 2018) 2 AfCLR 402, § 82 and Juma v. Tanzania (judgment), supra, § 165. 80 Mwita v. Tanzania (judgment), ibid, §§ 175-176; Rajabu and Others v. Tanzania (merits and reparations), supra, § 165 and Henerico v. Tanzania (merits and reparations), supra, §§ 208-210. 79 46