85.
As regards the Applicant's prayer to be set free, the Court has established that
such a measure could be directly ordered by the Court only in exceptional and
compelling circumstances.la ln the instant case, the Applicant has not set out
such circumstances. Accordingly, the Court dismisses this prayer.
86. The Court notes, however, that its decision does not prevent the Respondent
State from taking such a measure, itself.
87.
The Court, lastly, notes that the Parties did not file submissions regarding other
forms of reparation. Hence, the Court shall rule on this issue at a later stage of
the proceedings, after hearing the Parties.
tx. cosrs
88.
Pursuant to Rule 30 of the Rules "unless othenruise decided by the Court, each party
shall bear its own costs"
89.
The court notes that none of the Parties made prayers as to costs
90.
Considering the circumstances of this matter, the Court decides that each party
shall bear its own costs
X.
OPERATIVE PART
91. For these reasons,
THE COURT,
unanimously
On
jurisdiction:
i)
Dismrsses the objection to the jurisdiction of the Court;
Alex Thomas v. Tanzania J
Op.cit, para.234.
v-
ment Op.cft, para. 157; Mohamed Abubakariv. Tanzania Judgment
20