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80.The Court notes its finding in paragraph 69 above that the Respondent State
has violated the Applicant's rights to be provided with legal aid. ln this regard,
the Court recalls its position on State responsibility in Reverend Christopher R.
Mtikila v. United Republic of Tanzania, that "any violation of an international
obligation that has caused harm entails the obligation to provide adequate
reparation."l2
81.As regards the Applicant's prayer to annul his conviction and sentence and
order his release, the Court reiterates its decision that it is not an appellate
Court for the reasons that it does not operate within the same judicial system
as national courts; and that it does not apply "the same Iaw as the Tanzanian
national courts, that is, Tanzanian law".13
82.The Court also recalls its decision in Atex Thomas
v united
Repubtic of
Tanzania where it stated that "an order for the Applicant's release from prison
can be made only under very specific and/or, compelling circumstances"la. This
would be the case, for example, if an Applicant sufficiently demonstrates or the
Court 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 justice. ln such circumstances, the Court has
pursuant to Article 27 (1) of the Protocol the powers to order "a1 appropriate
measures", including the release of the Applicant.
83.
The Court observes, however, that such a finding does not preclude the
Respondent State from adopting such measures should it deem appropriate.
84. The Court further notes that, in the instant case, the Applicant's right
to legal
aid was violated but this did not affect the outcome of his trial. The Court further
notes that the violation it found caused non-pecuniary prejudice to the Applicant
who requested adequate compensation therefor in accordance with Article
27(1) of the Protocol.
12
Application No. 01 112011. Ruling of 131612014, Reverend Christopher R. Mtikita v. tJnited
of Tanzania, op. cit., para.27
13
Mohamed Abubakari v Tanzania Judgment lbid, para. 2g.
la Alex Thomas
v. Tanzania Judgment, op. cit., para. 1ST.
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