B. Non-pecuniary reparations
i.
Restoration of liberty
134. The Applicant prays the Court to quash his conviction and sentence and
restore his liberty. He also prays the Court to set aside the sentence
imposed on him and order his release from prison.
135. The Respondent State maintains that the Applicant’s prayer for release
should be dismissed as he is serving a lawful sentence imposed on him in
accordance with its laws. It also reiterates that that ordering the release of
the Applicant is not within the mandate of the Court.
***
136. Regarding the Applicant’s prayer to set aside his conviction, the Court
recalls that it is not an appellate court and thus, in principle, it does not
quash the conviction decision of domestic courts.
137. Regarding the Applicant’s request for an order for release, the Court recalls
that it can only make such order in compelling circumstances. The Court
notes that its finding of a violation in the present Application only pertains to
lack of legal representation during trial and the right to liberty and does not,
therefore, affect the conviction of the Applicant. Without minimising the
gravity of the violation, the Court considers that the nature of the violation in
the instant case does not reveal any circumstance that signifies that the
Applicant’s imprisonment amounts to a miscarriage of justice or an arbitrary
decision. The Applicant also failed to elaborate on specific and compelling
circumstances to justify the order for his release.48 The prayer for release
48
Mangaya v. Tanzania (merits and reparations), supra, § 97; Elisamehe v. Tanzania (merits and
reparations), supra, § 112; and Evarist v. Tanzania (merits), ibid, § 82.
33