85. In the circumstances, the absence of a court above the Court of Appeal, in
the Respondent State’s system, does not amount to a violation of the
Applicants’ rights. The Court, therefore, finds that the Applicants’ contention
has no merit and accordingly dismisses it.
VIII. REPARATIONS
86. The Applicants pray the Court to quash their conviction and order their
release and that they be awarded reparations in the sum of TSH125 700
000 (One hundred twenty-five million and seven hundred thousand
Tanzanian Shillings). They also pray that the Court make any other order or
remedy as it may deem fit.
87. The Respondent State prays the Court to dismiss all the Applicant’s prayers
and find that it did not violate the Charter or the Protocol. It also prays that
the Court make any such order as may be just in the circumstances.
***
88. Article 27(1) of the Protocol provides that:
If the Court finds that there has been violation of a human or peoples’
rights, it shall make appropriate orders to remedy the violation including
the payment of the fair compensation or reparation.
89. In light of the above, the Court is entitled to order reparations in instances
where human rights violations have been proved.
90. In the present case, the Court having found no violation by the Respondent
State, the Applicants’ claims for reparations are all dismissed.
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