***
88. Regarding the prayer that the conviction and sentence should be set aside,
the Court recalls its jurisprudence that such prayers may be granted in
circumstances where the findings in this Court’s judgment impact the
domestic proceedings. The Court notes that the violations established in the
present judgment do not impact on the Applicant’s guilt, conviction and
sentencing.
89. Consequently, the prayer for the Applicant’s conviction and sentence to be
set aside is dismissed.
90. With respect to the prayer for release, the Court recalls that as it has held
in Gozbert Henerico v. United Republic of Tanzania:
The Court can only order a release if an Applicant sufficiently
demonstrates or if the Court by itself establishes from its findings that
the Applicant’s arrest or conviction are based entirely on arbitrary
considerations and that his continued detention would occasion a
miscarriage of justice.38
91. In the present Judgment, the Court did not make any finding to the effect
that the Applicant’s arrest and conviction were arbitrary or led to any
miscarriage of justice. As a consequence, the prayer for release is
dismissed.
ii. Guarantees of non-repetition
92. The Applicant prays the Court to order the Respondent State to guarantee
non-repetition of the violation against him.
38
Henerico v. Tanzania (merits and reparations), supra, § 202; Mgosi Mwita Makungu v. United Republic
of Tanzania (merits) (7 December 2018) 2 AfCLR 550, § 84; Minani Evarist v. United Republic of
Tanzania (merits and reparations) (21 September 2018) 2 AfCLR 402, § 82 and Juma v. Tanzania
(judgment), supra, § 165.
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