00134Il
of
proceedings
in national
courts.aa The Applicant however must provide
justification for the amounts claimed.a5
144.
The Court notes that the Applicants do not provide any evidence in
support of their claim for payment of the costs allegedly incurred in the
proceedings before domestic courts. Their respective prayers are therefore
dismissed.
ii.
a
Non-material loss
Loss incurred by the Applicants
145"
With respect to damage caused due to loss of social status, and
restricted interaction with their family members due to their trial and
imprisonment, the court notes that it has not made any finding in this Judgment
to the effect that the Applicants' incarceration was unlawful.ao The related
claims are therefore baseless and are consequenfly dismissed.
146.
The court however notes that it has found the mandatory imposition of
the death penalty in violation of Article 4 of the charter. when it comes to
reparation of that violation, the questions that arise in the circumstances of the
present Application are those of the prejudice caused by the wrongful act and
how to assess the quantum thereof. on this issue, the court recalls its earlier
cited case-law to the effect that, in respect of human rights violations, moral
prejudice is assumed. This notwithstanding, prejudice has to be assessed and
quantified even though the court retains discretion
in
determining the
reparation.
a
See Norbeft Zongo
R. l/ftikila v. Tanzania
45 /bd,
S 81; and /bld,
a6 See Armand
Guehi
and Others v. Burkina Faso (Reparations), gg 79-93;
(Reparations), g 39.
$ 40.
v. Tanzania (Merits and Reparations), S 179
40
and Reverend Christopher
@
v/