001062 B. Non-monetary reparations i. Request for release 159. Citing the unlawful nature of his detention, the Applicant prays the Court to order his release. 160. The Respondent State submits that the Applicant's detention has been in accordance with the law as it was based on a Court Order and an expulsion Order issued by the competent authority. RE 161. The Court refers to its jurisprudence wherein it indicated that a measure such as the release of the Applicant may be ordered only in exceptional or compelling circumstances. 162. The Court is of the opinion determined on a case-by-case that the existence of such basis, taking into account circumstances must be mainly the proportionality between the reparation sought and the extent of the violation established. 163. In the instant case, the Court notes that the fact that the Applicant is still in detention more than six (6) years after the end of his prison term is not disputed by the Respondent State. For the Court, this unlawful detention constitutes proof of the existence of compelling circumstances. 164. Accordingly, the Court grants the Applicant's request and orders the Respondent State to immediately release him from prison. 34 Alex Thomas v. Tanzania (Merits), op. cit, § 157. a ff AY : x7 40 / Ty § L- - | . K [< Spr \ \ \ A <p. 4 ns CF) \ dy - A | \Ce