146. Regarding the request to be set free, the Court recalls that it has established that it would make such an order, “if an Applicant sufficiently demonstrates or if the Court by itself establishes from its findings that the Applicant's arrest or conviction is based entirely on arbitrary considerations and that his continued detention would occasion a miscarriage of justice”.36 147. In the instant case, the Court finds that the circumstances to order the release of the Applicant are not fulfilled and thus dismisses the Applicant’s prayer. ii. Resentencing 148. The Applicant prays that the Court for an order for the Respondent State to set aside the death sentence imposed on him and to remove him from death row. * 149. The Respondent State did not submit on this point. *** 150. Having found that the mandatory imposition of the death sentence on the Applicant violates Article 4 of the Charter, the Court orders the Respondent State to take all necessary measures, through its internal processes and within one (1) year of the notification of this Judgment, for the rehearing of the case on the sentencing of the Applicant through a procedure that does not allow the mandatory imposition of the death sentence and upholds the discretion of the judicial officer.37 36 Juma v. Tanzania, supra, § 165. Rajabu and Others v. Tanzania, supra, § 171 (xvi); Juma v. Tanzania, ibid, § 174 (xvii); Henerico v. Tanzania, supra, § 217 (xvi); Mwita v. Tanzania, supra, § 184 (xviii). 37 35