000814
VIII.
95.
REMEDIES SOUGHT
The Applicant prays the Court to restore justice; quash his conviction and the
sentence meted out to him; order that he be released and take such other
measures as it may deem appropriate.
96.
ln its Response, the Respondent State prays the Court to dismiss the Application
and the Applicant's prayers in their entirety, as being unfounded
***
97.
Article 27(1) of the Protocol stipulates that: "lf 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 fair compensation or reparation."
98. ln this respect,
Rule 63 of the Rules provides that "The Court shalt rule on the
request for the reparation ... by the same decision establishing the violation of a human
and peoples' right or, if the circumstances so require, by a separate decision."
99. The Court notes its finding in paragraphs 67, 78 and 87 above that the
Respondent State violated the Applicant's rights to a fair trial due to (i) the fact
that he was not afforded legal aid; (ii) his witnesses were not heard; and that his
conviction was based on insufficient evidence and contradictory statements of
the Prosecution witnesses. In this regard, the Court recalls its position on State
responsibility in Reverend Christopher R. Mtikila v. United Republic of Tanzania,
that "any violation of an internationa! obligation that has caused harm entails the
obligation to provide adequate reparation."23
100.
As regards the Applicant's prayer to quash his conviction and sentence and
directly order his release, the Court reiterates its decision that it is not an
appellate Court for the reasons that it does not operate within the same judicial
23
Application No. 01112011. Judgment
Republic of Tanzania, para.27
of
1316t2014; Reverend
Mtikila
v.
s