111.
As regards
imposed
the Applicant's
request for an order to have the sentence
on him annulled and for his release, as the Court has held in
previous cases, such a measure can only be ordered in exceptional and
compelling circumstances**. With regard to the sentence being set aside,
the Court has always held that it is justified, for example, only in cases where
the violation found is such that it necessarily vitiated the conviction and the
sentencing. With regard specifically to the Applicant’s release, the Court has
established
that
this would
be
the
case
"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”**.
112.
In the instant case, the Court recalls that it had already found that the
Respondent State is in violation of the right to fair trial for failing to provide
the Applicant with legal assistance. Without minimising the gravity of the
violation, the Court is of the view that the nature of the violation in the instant
case does not reveal any circumstance that signifies that the Applicant’s
imprisonment
is a miscarriage
of justice
or an
arbitrary decision.
The
Applicant also failed to adduce further specific and compelling reasons to
justify the order for his release. Therefore, this prayer is dismissed.
IX.
COSTS
113.
The Applicant made no specific submissions on costs.
114.
The
Respondent
State prays the Court to rule that the costs of the
proceedings should be borne by the Applicant.
33 See Jibu Amir and Another v Tanzania, § 96; Alex Thomas v Tanzania (merits), § 157; Diocles William
v Tanzania (merits), § 101; Minani Evarist v Tanzania (merits), § 82; Mgosi Mwita Makungu v United
(merits) (2018) 2 RJCA 226, § 96; et Armand Guéhi v Tanzania (merits and reparations), § 164.
%4 Jibu Amir Mussa and Another v Tanzania, §§ 96 and 97; Minani Evarist v Tanzania (merits), § 82;
and Mgosi Mwita Makungu v Tanzania (merits), § 84. See also Del Rio Prada v. Spain, European Court
of Human Rights, Judgment of 10/07/2012, § 139; Assanidze v Georgia (GC) - 71503/01, Judgment of
8/04/2004, § 204; Loayza-Tamayo v Peru, Inter-American Court of Human Rights, Judgment of
17/09/1987, § 84.
29