annulment of the death penalty can only be ordered if the circumstances so require. Those circumstances must be assessed on a case-by-case basis, taking due account principally of the proportionality between the measure sought and the gravity of the violation found. 119. In the present case, the Court has found that the Respondent State violated the right to life protected by Article 4 of the Charter. The Court therefore orders the Respondent State to annul the death sentence imposed on the Applicant and remove him from death row pending the sentencing hearing that it has previously ordered. ii. Release 120. The Applicant prays the Court to order his release. * 121. The Respondent State submits that the Applicant’s request for reparations be dismissed. *** 122. As regards the request for release, the Court recalls its jurisprudence in Gozbert Henerico v. United Republic of Tanzania that: The Court can order release only 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.25 25 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 and Juma v. Tanzania (merits and reparations), supra, § 165. See also Dominick Damian v. United Republic of Tanzania, ACtHPR, Application No 048/2016 (4 June 2024) (merits and reparations), §§ 163-166. 27