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

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