00018r 't 80.The Court notes its finding in paragraph 69 above that the Respondent State has violated the Applicant's rights to be provided with legal aid. ln 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 international obligation that has caused harm entails the obligation to provide adequate reparation."l2 81.As regards the Applicant's prayer to annul his conviction and sentence and 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 system as national courts; and that it does not apply "the same Iaw as the Tanzanian national courts, that is, Tanzanian law".13 82.The Court also recalls its decision in Atex Thomas v united Repubtic of Tanzania where it stated that "an order for the Applicant's release from prison can be made only under very specific and/or, compelling circumstances"la. This would be the case, for example, if an Applicant sufficiently demonstrates or the Court 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. ln such circumstances, the Court has pursuant to Article 27 (1) of the Protocol the powers to order "a1 appropriate measures", including the release of the Applicant. 83. The Court observes, however, that such a finding does not preclude the Respondent State from adopting such measures should it deem appropriate. 84. The Court further notes that, in the instant case, the Applicant's right to legal aid was violated but this did not affect the outcome of his trial. The Court further notes that the violation it found caused non-pecuniary prejudice to the Applicant who requested adequate compensation therefor in accordance with Article 27(1) of the Protocol. 12 Application No. 01 112011. Ruling of 131612014, Reverend Christopher R. Mtikita v. tJnited of Tanzania, op. cit., para.27 13 Mohamed Abubakari v Tanzania Judgment lbid, para. 2g. la Alex Thomas v. Tanzania Judgment, op. cit., para. 1ST. L8 Yh^9- hs

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