98. In the instant case, the Court recalls that its only finding of violation against
the Respondent State relates to the failure to avail him free legal assistance
in the course of domestic courts.
99. The Court notes that the violation established caused moral prejudice to the
Applicant and therefore, in exercising its discretion in equity, awards him
Tanzanian Shillings Three Hundred Thousand (TZS 300,000) as fair
compensation.22
B. Non-Pecuniary Reparations
100. The Applicant prays the Court to order:
i.
His release from prison;
ii.
A retrial of his case; and
iii. Any other remedy that the Court may deem fit.
101. The Respondent State submits that the Court has no jurisdiction to order
the release of the Applicant. It, therefore, prays the Court to reject this
prayer.
i.
On the prayer for release
102. As regards the prayer for release, the Court has held that this measure can
only be ordered in specific and compelling circumstances. This would be
the case “if an Applicant sufficiently demonstrates or the Court by itself
establishes from its findings that the Applicant’s arrest or conviction is based
entirely on arbitrary considerations and his continued imprisonment would
occasion a miscarriage of justice.”23
22
See Anaclet Paulo v. United Republic of Tanzania (merits) (21 September 2018) 2 AfCLR 446, §
107; Evarist v Tanzania (merits), supra, § 85.
23 Evarist v. Tanzania (merits), ibid, § 82.
22