conviction, but only on the sentencing, to the extent of the mandatory nature of the penalty. Furthermore, nothing on record suggests that the Applicant’s arrest or conviction was based on arbitrary considerations and that his continued imprisonment would occasion a miscarriage of justice.38 107. The Court finds that the commission of the offence as adjudicated by domestic courts has remained unaffected in the proceedings before this Court. 108. Given the foregoing, the Court holds that an order for release of the Applicant is not warranted. The prayer is consequently dismissed. ii. Removal from death row 109. The Applicant prays the Court to order the Respondent State to set aside the death sentence imposed on him and to remove him from death row. * 110. The Respondent State maintains that it has not violated the Applicant’s rights and, therefore, requests the Court to dismiss the Applicant’s request for reparations. *** 111. Having found that the mandatory imposition of the death sentence on the Applicant violates Article 4 of the Charter, the Court deems it fit to order that the death sentence be set aside and the Applicant be removed from death row. The Court further orders the Respondent State to take all necessary measures within one (1) 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 38 William v. Tanzania (merits), supra, § 101. 27