000936
89.The Court further notes that the Applicant did not adduce any evidence to
support his claim for reparations. He merely enumerates them. The Court thus
rejects the prayer for one (1) billion Tanzanian shillings as
it was
not
substantiated.
90. The
Court however, notes that the violation it established caused
moral
prejudice to the Applicant and therefore, in exercising its discretion, awards an
amount of Tanzania Shillings Three Hundred Thousand (TZS 300,000) as fair
compensation.2T
B. Non-pecuniary Reparation
91. The Applicant prays
lhe Court to order his release from prison
92.The Respondent State prays the Court to hold that the Applicant was lav'rfully
sentenced and should thus dismiss his prayer for release.
93. Regarding the order
for release prayed by the Applicant, the Court has stated
that it can be ordered only in specific and compelling circumstances.zs 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."2e
2i See Application No. 020/2016. Judgment of 2110912018 (Merits and Reparations), Anaclet Paulo v United
Republicof Tanzania, S 107, Application No. 02712015. Judgmentof 2110912018 (Merits and Reparations),
Minani Evaist v United Republic of Tanzania, S 85.
Alex Thomas v Tanzania (Merits) op cit., S 157, Diocles William v Tanzania (Merits), E 101; Minani
Evarist v Tanzania (Merits and Reparations), S 82, Application No. 006/2016. Judgment ot 0711212Q18
(Merits), Mgosi Mwita v tJnited Republic of Tanzania, S 8a; Kijiji lsiaga v Tanzania (Merits), 5 96; Armand
Guehi v Tanzania (Merits and Reparations), $164.
2eMinani Evaist v Tanzania (Merits and Reparations), S 82
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