229. At the Public Hearing,
Counsel
for the Applicant prayed
the Court to order the
Respondent State to have the case retried by the national courts taking into account the
defects found, and this, within a reasonable time to be determined by the Court; order the
Respondent State to provide legal aid and free representation to the Applicant for the
retrial; and order that reparation be awarded in respect of all the human
rights violations
established.
230.
In
its
submissions
at
the
same
Public
Hearing,
the
Respondent
State’s
representative for his part asked that "...no reparation should be granted to the Applicant with
regard to this Application..."
231. Article 27(1) of the Protocol establishing the Court provides that "if the Court finds that
there has been violation of a human or peoples’ rights, it shall make appropriate orders to remedy
the violation including the payment of fair compensation or reparation."
232. In this regard, Rule 63 of the Rules of Court provides that "the Court shall rule on the
request for reparation... by the same decision establishing the violation of a human and peoples’
right or, if the circumstances so require, by a separate decision.”
233.
In the instant case, the Court will decide
on certain forms
of reparation
in this
judgment, and rule on other forms of reparation at a later stage of the proceedings.
234. Regarding the Applicant’s prayer to be set free, as the Court stated in the matter of
Alex Thomas v. United Republic of Tanzania, such a measure could be ordered by the
Court
itself only in special
and
compelling??
circumstances.
In the
instant case,
the
Applicant has not indicated such special and compelling circumstances.
28 Judgment of 20 November 2015, para 157.
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