91.ln its Response, the Respondent prays the Court to dismiss the Application
in its entirety for being groundless, and therefore rule that the Applicant is not
entitled to reparations.
92.Article 27(1) of the Protocol 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."
93.|n this respect, Rule 63 of the Rules provides that 'tlre Court shall rule on the
request for the reparation by the same decision establishing the violation of a
human and people's rights, or
if the circumstances so require, by a
separate
decision"-
94.As regards the Applicant's prayer to be set free, the Court has established
that such a measure could be directly ordered by the Court only in
exceptional and compelling circumstancesl2. ln the instant case, the
Applicant has not provided proof of such circumstances. Consequently, the
Court dismisses the prayer.
95.The Court however notes that such finding does not preclude the
Respondent from considering such measure on its own.
96. On
the request to annul the conviction and sentence against the Applicant,
the Court notes that it does not have the power to annul Decisions rendered
by national courts. lt therefore dismisses that request.
97.The Court finally notes that none of the parties made submissions on the
other forms of reparations. lt will therefore make a ruling on this question at
a later stage of the procedure after having heard the parties.
tz Alex Thontas United Republic of Tanzania (Application No 00512013/, Judgment of 20 November
o.
2015, paragraph 157; Mohamed Abubakari v- United Republic of Tan
0O7DA13), Judgment of3 June 2016, paragraph 234.
,NA
22
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