0013{0
150.
ln view of the above, the Court finds that the Applicants endured moral
and psychological suffering and decides to grant them moral damages in the
sum of Tanzanian Shillings Four Million (Tsh 4.000.000) each.
151
.
Regarding damage caused due
to
anguish during their trial and
imprisonment, the Court finds that the same reasoning applies as for the
alleged loss of social status. The related prayer is therefore dismissed.
b. Loss incurred
152.
by the Applicant's family
The Court considers that as it has held in its earlier judgments, indirect
victims must prove their relation to the Applicant to be entitled to damages.ae
Documents required include birth certificates
for children, attestation
of
paternity or maternity for parents, and marriage certificates for spouses or any
equivalent proof.so The Court notes that, in the present case, while the
Applicants mention the names of their family members, none of the required
pieces of evidence is provided to establish relation.
153.
ln any event, the alleged prejudice to the Applicants'family members
were as a result of their incarceration, which this Court did not find unlaMul.
The prayers are therefore dismissed.
B. Non-pecuniary reparations
i.
154.
Restitution
The Applicants pray the Court to quash the conviction, set aside the
sentence and order their release. They also pray the Court to order that they
should be "restored to the original situation before the violation".
ae
See A/ex Thomas v. Tanzania Judgment of 04/06/19 (Reparations), gg. a9€0; Mohamed Abubakari
v. Tanzania Judgment of04/06/19 (Reparations), SS. 59-64.
s0 See A/ex Thomasv. Tanzania (Reparations),
5. 51; Mohamed Abubakari v. Tanzania (Reparations),
s 61.
42
4"=