both of which are compounded by overall inhuman and degrading
circumstances on death row. Given the circumstances of the case, and in
light of the Court’s jurisprudence that a judgment in favour of a victim is in
itself a form of satisfaction and a reparation for moral damages,49 the Court,
in its discretion, awards the Applicant, Three Hundred Thousand Tanzanian
Shillings (TZS 300,000) for moral damages suffered.
B. Non-pecuniary reparations
i.
Quashing of conviction and release
143. 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.
*
144. 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 an order for the release of
the Applicant is not within the mandate of the Court.
***
145. The Court reiterates Article 27(1) of the Protocol empowers the Court, upon
finding a violation, to order measures of reparations including, the release
of prisoners. The Court notes that the Applicant prays that his conviction be
quashed and he is released. Regarding this prayer, the Court recalls that,
as established in its case-law, it can only make such an order in compelling
circumstances.50
49
50
Mtikila v. Tanzania (reparations), supra, § 45.
Elisamehe v. Tanzania (merits and reparations), supra, § 112.
34