it could order such a measure directly, only in specific and compelling
circumstances which have not been established in the instant case.
37. The second question for which the United Republic of Tanzania is seeking
clarification is, on whethei the violations found are what is stated in the text of the
judgment or whether the violation to be remedied should be Oll the aspect of
"specifically precluding the reopening of the defence case and the retrial of the
Applicant". The United Republic of Tanzania also seeks to understand how to
remedy the violation.
38. The Cour1 notes that point vii of the operative provisions of the Judgment specified
the provisions that the United Republic of Tanzania was found to have violated,
that is, Articles 1 and 7(1) (a), (c) and (d) of the African Charter on Human and
Peoples' Rights and Article 14(3) (d) of the International Covenant on Civil and
Political Rights and consequently it should take all necessary measures to remedy
these violations.
39. The Court clarifies that the expression "all necessary measures" includes the
release of the Applicant and any other measure that would help erase the
consequences of the violations established and restore the pre-existing situation
and re-establish the rights of the Applicant.
40. The Court further clarifies that the expression "remedy all violations found" should
therefore mean to "erase the effects of the violations established" through adoption
of the measures indicated in the preceding paragraph.
41. The third question for which the United Republic of Tanzania is seeking an
interpretation is on the word "precluding".
42. The word precluding means "preventing, banning or forbidding". It is therefore
clear that the Court is prohibiting certain action, specifically that the United
Republic of Tanzania should not retry the Applicant or re-open the defence case.
As mentioned before, this is because doing so would result in prejudice to the