80. The Court notes its finding that the Respondent State violated the
Applicant’s right to life under Article 4 and the right to dignity protected
under Article 5 of the Charter with respect to the mandatory imposition of
the death penalty. The Court, consequently, finds that the Respondent
State’s responsibility has been established. The prayers for reparations will,
therefore, be examined against these findings.
A. Pecuniary reparations
81. The Applicant prays the Court for reparations and any other remedy that it
may deem fit.
82. The Respondent State prays the Court to dismiss the Applicant’s prayers
for reparations.
***
83. The Court notes that, pecuniary reparations include material and moral
prejudice. The Applicant did not make any specific request in relation to
pecuniary reparations. The Court notes that, reparations for material
prejudice requires proof of the loss suffered, which the Applicant did not
provide and therefore, he is not entitled to reparation for material prejudice.
84. However, reparations for moral prejudice is that which results from the
suffering, anguish and changes in the living conditions of the victim and his
family.21 As the Court has established in this judgment that the Applicant’s
rights were violated by the imposition of the mandatory death sentence,
resulting in psychological and emotional distress, he is entitled to damages
for moral prejudice.
85. The Court has held that the assessment of quantum in cases of moral
prejudice must be done in fairness and taking into account the
21
Mtikila v. Tanzania (reparations), supra, § 34; Cheusi v. Tanzania (judgment), supra, § 150 and Viking
and Another v. Tanzania (reparations), supra, § 38.
19
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