that the Court cannot set aside or quash the decision of its highest national
court, namely the Court of Appeal, once the same has rendered a final and
conclusive judgment on the matter in question.
***
146. Regarding the Applicants’ prayer to set aside their conviction and sentence,
the Court notes that it has not determined in this matter whether the
conviction and sentences of the Applicants were warranted or not.45 The
Court is rather concerned with whether the procedures in the national courts
are compatible with international standards enshrined in the international
human rights instruments ratified by the Respondent State. As a result, the
Court dismisses the request that it should quash the Applicants’ conviction
and sentence.
147. With regard to the Applicants’ prayer to be released from prison, the Court
has established that it would make such an order, “if an Applicant sufficiently
demonstrates or if the Court by itself establishes from its findings that the
Applicant’s arrest or conviction is based entirely on arbitrary considerations
and that his continued detention would occasion a miscarriage of justice.”46
148. In the instant case, the Court recalls that it has found that the Respondent
State violated the Applicants’ right to defence by failing to provide them with
free legal assistance. Without minimising its gravity, the Court considers that
the nature of the established violation does not reveal any circumstance to
consider the Applicants’ imprisonment as arbitrary or as causing a
miscarriage of justice. The Applicants also failed to elaborate on specific
and compelling circumstances to justify an order for their release.47
45
Stephen John Rutakikirwa v. United Republic of Tanzania, ACtHPR, Application No. 013/2016.
Judgment of 24 March 2022 (merits and reparations), § 88.
46 Evarist v. Tanzania (merits and reparations), supra, § 82; See also Amir (Mussa) and Saidi Ally
(Mangaya) v. United Republic of Tanzania (merits and reparations) (28 November 2019), § 96; Mgosi
Mwita Makungu v. United Republic of Tanzania, (merits) (7 December 2018) 2 AfCLR 550, § 84.
47 Amir and Ally v. Tanzania, ibid, § 97; Elisamehe v. Tanzania (merits and reparations), supra, § 112;
and Evarist v. Tanzania (merits and reparations), supra, § 82.
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