Respondent State had simultaneously violated its obligation under Article 1 of
the Charter.
V!II.
REMEDIES SOUGHT
79. As indicated
in paragraph 16 of this Judgment, the Applicant prays, inter alia, that
the Court set aside his conviction, release him from prison and order that
reparation measures be taken.
80. As indicated in paragraph 19 above the Respondent
State requests that the
Application be dismissed in its entirety for lack of merit and that accordingly, the
Applicant should not be granted reparation.
***
81. Article 27 (1) of the Protocol provides that "if the Court finds that there has been a
violation of a human or peoples' rights, it shall make appropriate orders to remedy the
violation, including the payment of fair compensation or reparation."
82.
ln this respect, Rule 63 of the Rules stipulates that "the Court shall 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.,,
83.
The Court recalls its position on State responsibility in Reverend Christopher R.
Mtikila v. United Republic of Tanzanra, that "any violation of an international
obligation that has caused harm entails the obligation
to provide
adequate
reparation."l2
84. As regards the prayer to quash the Applicant's
conviction and sentencing, the
Court reiterates its decision that it is not an appellate Courts with powers to
overturn the decisions of national courts, therefore it declines to grant this
prayer.13
plication No. 01112011Ruling of 1 310612014, Reverend Christopher R. Mtikita v. lJnited Republic
of
para.27
13
Application No.032/2015 J
95.
w
5>s
of 2310312018, KUij| lsiaga v United Republic of Tanzania para.
4le