35. Concerning the second option, the Court intended to offer the United
Republic of Tanzania room for evaluation to enable it to identify and activate
all the measures that would enable it to eliminate the effects of the violations
established by the Court.
36. The Court specifies in this respect that in its Judgment of 3 June 2016, it did
not state that the Applicant's request to be set free was unfounded. It merely
indicated that it could order such a measure directly, only in special and
compelling circumstances which have not been established in the instant
case.
37. The second question posed reads as follows " ... given that these acts have
already been carried out, the United Republic of Tanzania would like to understand
how to remedy the violation and interpret the term "remedy".
38. The Court clarifies that the expression "all appropriate measures" includes
the release of the Applicant and any other measure that would help erase the
consequences of the violations established, restore the pre-existing situation
and re-establish the rights of the Applicant.
39. The Court further clarifies that the expression "remedy all violations
established" should mean to "erase the effects of the violations established"
through adoption of the measures indicated in the preceding paragraph.
VII.
COSTS
40. In terms of Rule 30 of the Rules, "unless otherwise decided by the Court, each
party shall bear its own costs."
~0
2J
j,
If Jj? 101:1--
vfp
~