.oc07$3
90. The Court notes that the violation it established caused moral prejudice to the
Applicant. The Court therefore, in exercising its discretion, awards an amount
of Tanzania Shillings Three Hundred Thousand (TZS 300,000) as fair
compensation.24
B. Non-Pecuniary Reparations
91. Regarding the order for release prayed by the Applicant, the Court has stated
that it can be ordered only in specific and compelling circumstances. 25
Examples of such circumstances include "if an Applicant sufflciently
demonstrates or the Court by itself establishes from its findings that the
Applicant's arrest or conviction is based entirely on arbitrary considerations and
his continued imprisonment would occasion a miscarriage of justiss."eo
92.ln the matter of Armand Guehi v. United Republic of Tanzania, this Court
observed that the determination of whether factors in a given case are special
or compelling must be done with a goal of maintaining fairness and avoiding
double jeopardy.2T
93.|t is the Court's view that the Applicant has not demonstrated specific or
compelling circumstances to warrant an order for release.
94. Therefore, the Court rejects the Applicant's request to be released from prison
2a
See Anaclet Paulo v Tanzania (Merits and Reparations) $ 107; Minani Evarist v Tanzania (Merits and
Reparations), $ 85.
25
Alex Thomas v Tanzania (Merits) op. crt, $ '157; Diocles Wittiam v Tanzania (Merits), S 101; Minani
Evaist v Tanzania (Merits and Reparations), S 82j Application No. 006/2016. Judgment ot 07112120'18
(Merits), Mgosi Mwita v United Republic of Tanzania, S 84; Kijiji lsiaga v Tanzania (Merits), S 96; Armand
Guehi v Tanzania (Merits and Reparations), 5164.
26Minani Evaist v Tanzania (Merits and Reparations), g 82.
27
See Armand Guehi v Tanzania (Merits and Reparations), $ 164
22