Republic
of ranzania;
(ii)
allow him to return to and remain in the
Respondent State like all its other citizens; (iii) order the Respondent State
to protect him against victimization as a consequence of the present
application; and (iv) order the Respondent State to amend its immigration
legislation in order to guarantee a fair trial for persons likely to be deprived
of their right to nationality.
123.
During the oral pleadings, the Applicant reiterated his requests for
reparation as well as "payment of compensation for prejudices suffered".
124.
The Respondent State argues that the decision to annul his passport,
declare him an illegal immigrant and expel him, was taken following
investigations
by the immigration
authorities and implemented in
accordance with the law. Therefore, for the Respondent state, the
Application must be dismissed.
125.
Article 27 (1) of the Protocol stiputates that "tf the Court finds that
there has been a violation of a human or peoples' right, it shall make
appropriate orders to remedy the violation, including the payment of fair
compensation or reparation".
126'
Rule 63 of the Rules stipulates that: "The Court shall rule on the
request for the reparation, submitted in accordance with Rule 3a (S) of
these Rules, by the same decision establishing the violation of a human
and peoples' right or, if the circumstances so require, by a separate
decision".
127.
The Court holds that it does not have the power to rule on the requests
made by the Applicant in paragraph 122 to annul the decision of the
Respondent State to expel him.
128.
The Court notes that the Parties did not make submissions on other
forms of reparation. lt will therefore determine this issue at a later stage of
the proceedings.
v
//
27
4s_
@--
{,1