165. The Respondent State claims that in the circumstances of this Application
no very specific or compelling circumstances have been substantiated. The
Respondent State further states that it was proven in its domestic courts
that the Applicant committed an offence, hence he is not entitled to
restoration of his liberty, restitution or any form of reparations before this
Court.
***
166. Regarding the request to be set free, the Court recalls that it can only make
such order in very compelling circumstances.49
167. The Court considers that the nature of the violation in the instant case do
not reveal any circumstance that the Applicant’s arrest or conviction was
based on arbitrary considerations and that his continued imprisonment
would occasion a miscarriage of justice.50 The Applicant has also failed to
elaborate on any specific and compelling circumstances to justify the order
for his release.
168. In view of the foregoing, this prayer is dismissed.
ii. Guarantees of non-repetition
169. The Applicant further requests the Court to grant any other order legal
remedy it may deem fit and just to grant in the circumstances of his
application.
170. The Respondent State prays the Court for any other order this Court might
deem right and just to grant under the prevailing circumstances.
171. The Respondent State further submits that there are ongoing developments
with the adoption of the Legal Aid Act in 2017 which has broadened the
scope of legal aid in the Respondent State.
49
50
Thomas v. Tanzania (merits), supra, § 157.
William v. Tanzania (merits), supra, § 101.
40