viii.
By a vote of six (6) to two (2), Judge Elsie N. THOMPSON, Vice-President
and Judge Rafaa BEN ACHOUR dissenting, that the Applicant's prayer for
release from prison is denied.
ix.
Unanimously, that the Respondent is directed to take all necessary
measures within a reasonable time to remedy the violations found,
specifically precluding the reopening of the defence case and the
retrial of the Applicant, and to inform the Court, within six (6) months,
from the date of this judgment of the measures taken".
7. Referring to Rule 66(1) of the Rules, the United Republic of Tanzania, avers that
it is encountering difficulties in the implementation of the judgment due to varied
interpretations by the actors involved in the administration of criminal justice at the
national level, who are required to implement the judgment.
8. Consequently, the United Republic of Tanzania prays the Court to clarify the
meaning of the expression "all necessary measures" used in point ix of the
operative provisions of the Judgment. More specifically, the United Republic
of Tanzania requests clarification on the measures it is required to implement
and what the benchmarks for "all" and for "necessary" are, to enable it take
tangible and definitive action.
9. The United Republic of Tanzania asserts that the "violations found" have
not been highlighted in the operative provisions of the Judgment therefore
they are seeking guidance on whether they relate to what is stated in the
text of the judgment or whether the violation to be remedied should be on
the aspect of "specifically precluding the reopening of the defence case and
the retrial of the Applicant". The United Republic of Tanzania also seeks to
understand how to remedy the violation.
10. The United Republic of Tanzania is seeking an interpretation of the word
a
"precluding", stating that it had initially interpreted the word "precluding" to
3