40u44
135.
As stated earlier, the Applicants must provide evidence to support their
claims for material damage. The Court has also held previously that the
purpose
of reparations is to place the victim in the situation prior to
the
violation.3E
136.
The Court has further held, with respect to non-material damage, that
prejudice is assumed in cases of human rights violations,3e and quantum
assessment must be undertaken in fairness and looking at the circumstances
of the case.40 ln such instances, the Court has adopted the practice of awarding
lump sums.al
137.
The Court notes that the Applicants' claims for reparation are made in
United States Dollars. ln its earlier decisions, the Court has held that, as a
general principle, damages should be awarded, where possible, in the currency
in which loss was incurred.a2 ln the present case, the Court will apply this
standard and monetary reparations, if any, will be assessed in Tanzania
Shillings.
A. Pecuniary reparations
138.
ln the Application, the Applicants' request to be compensated in various
amounts for "emotional anguish during their trial and imprisonment, emotional
draining during the appeal processes, missing their wives by virtue of being in
prison, lack of care by their children, disruption and loss of income, loss of
conjugal rights and increase of baby boys and girls, loss of contact with relatives
and close friends, disruption of their relationship with their
mothers,
deterioration of their health while in detention, and loss of social status".
s
See Arrrand Guehi v. Tanzania (Merits and Reparations); Application No. 009/2015. Judgment of
lkili Rashidi v. United Republic of Tanzania; and Norbert
Zongo and Othersv. Bu*ina Faso (Reparations), SS 57-62.
3s See Armand Guehi v- Tanzania (Merits and Reparations),
S 55; and Lucien tkiti Rashidi v. Tanzania
(Merits and Reparations), $ 58.
a0 See Norbeft Zongo and Others v. Burkina Faso (Reparations), g
61.
a1 See Armand Guehi v. Tanzania (Merits and Reparations), Lucien lkili Rashidi
v. Tanzanra (Merits
and Reparations); and Norbeft Zongo and Others v. Burkina Faso (Reparations), g 62.
a2 See Lucien lkili Rashidi v. Tanzania (Merits and Reparations); and Application No. 003/2014.
Judgment of 0711212018 (Reparations), lngabire Victoire Umuhoza v. Republic of Rwanda, g 4b.
2810312019 (Merits and Reparations), Lucien
38