146. With regard to the Applicant’s prayer of restoration of liberty, the Court recalls its jurisprudence in the case of Gozbert Henerico v. United Republic of Tanzania where it held that: The Court can only order a release 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.77 147. In the instant case, the Court notes that the violations did not impact on the Applicant’s guilt and conviction. The sentencing is affected only to the extent of the mandatory nature of the death penalty and its execution by hanging.78 148. In the light foregoing, the Court holds that the order for release of the Applicant is not warranted. Consequently, the prayer is dismissed. 149. Having dismissed the prayer for release, and in light of its findings and orders relating to the mandatory imposition of the death sentence, this Court considers that an alternative measure is warranted to give effect to the said findings and orders. The Court, therefore, orders the Respondent State to take all necessary measures, within one year of the notification of this judgment, for the rehearing of the case on the sentencing of the Applicant through a procedure that does not allow the mandatory imposition of the death sentence, and which upholds the discretion of the judicial officer. 79 77 Henerico v. Tanzania (merits and reparations), supra, § 202; Mgosi Mwita Makungu v. United Republic of Tanzania (merits) (7 December 2018) 2 AfCLR 550, § 84; Minani Evarist v. United Republic of Tanzania (merits and reparations) (21 September 2018) 2 AfCLR 402, § 82 and Juma v. Tanzania (judgment), supra, § 165. 78 Nzigiyimana Zabron v. United Republic of Tanzania, Application 051/2016, ACtHPR, Judgment of 4 June 2024 (merits and reparations) § 55. 79 Rajabu and Others v. Tanzania, supra, § 171 (xvi); Juma v. Tanzania, supra, § 174 (xvii); Henerico v. Tanzania, supra, § 217 (xvi); Mwita v. Tanzania, supra, § 184 (xviii). 40

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