159. In light of the foregoing, the Court holds that the Applicant has failed to provide
evidence of filiation between him and the alleged indirect victims. Consequently,
the Court dismisses the claims for compensation for the alleged moral prejudice
suffered by the indirect victims.
B. Non-pecuniary reparations
i.
Restitution
160. The Applicant prays the Court to quash his conviction and sentence and order
his release.
161. The Applicant also prays the Court to make
a restitution order, arguing that
compensation should be paid in lieu of restitution, given that he cannot return to
the position in which he was prior to the decisions of the Respondent State’s
courts.
162. The Respondent State, for its part, submits that the Applicant is serving the
prison sentence legally and in accordance with the laws in force in the United
Republic of Tanzania for the crimes he committed.
163. The Respondent State avers that the Applicant’s prayer to have his liberty
restored is misconceived and that the Court lacks jurisdiction to restore the
Applicant's liberty.
ser
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