mean excluding but that discussions with stakeholders have brought to
light another interpretation to mean "to perform or to include". In this tegard,
the United Republic of Tanzania wishes to have clarification on whether
the order of the Court is "to re-open" the trial and if so, the Court should
clarify at what stage the trial should be reopened, whether from the
beginning or for the defence's case only.
III.
OBSERVATIONS OF MR. ALEX THOMAS
11. M r. Thomas notes that the Ap plicatio';, for interpretatio n' of Judgment
has been filed out of time without any explanation and also that it has
failed to meet the provisions of Rule 66 of the Rules. He maintains
thai the United Republic of Tanzania has continuously failed to
implement the Court's Orders by not reporting on the measures taken
to remedy his situation within six (6) months of the Judgment and by
failing to respond to his submissions on reparations.
12. Mr. Thomas emphasises that the Application for interpretation of
Judgment
should
have
preceded
the
filing
of
the
report
on
implementation of the Judgment, which he notes has been filed
almost eight (8) months out of time. He urges the Court, when
considering
the
admissibility
of
the
Application,
to
take
into
consideration the prejudice occasioned to him by the United Republic
of Tanzania's failure to adhere to the Court's Orders and the filing of
the Application for interpretation
13. Mr. Thomas states that the United Republic of Tanzania has misinterpreted the
meaning of the word "precluding" to mean that the Court ordered a re-openi'ng of
the defence case and a retrial at the same time.