REPARATIONS	
Release	from	prison	
Specific or compelling reasons must be present for the Court to order release from prison as a
remedy (Alex Thomas v United Republic of Tanzania, application 005/2013, judgment, 20
November 2015, para 157; Mohamed, para 234). Reopening of the defence case or retrial for
a convict having served 20 years of a 30 years sentence would constitute a miscarriage of
justice (Thomas para 158; Mohamed, para 235). The minority judgment (Judges Thompson
and Ben Achour) finds that this constitutes specific or compelling reasons which would merit
an order to release the applicant (paras 5 and 6). This was also the conclusion of the
dissenting opinion of Judge Elsie Thompson (paras 11-19) and that of Judge Rafa Ben
Achour (paras 3-9) in Mohamed.

	

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