165. In the case at hand, the violations found by the Court did not affect the processes which led to the conviction and sentencing of the Applicant to the extent that he would have been in a different position had the said violations not occurred. Furthermore, the Applicant did not sufficiently demonstrate nor did the Court establish that his conviction and sentencing were based on arbitrary considerations and his continued incarceration is unlawful. 50 166. In light of the facts and circumstances, this prayer is therefore dismissed. B. Orders for pecuniary damages i. Moral damages 167. The Applicant asks the Court to award him damages for the moral prejudice he suffered as well as for the moral prejudice suffered by his friends and relatives. The Applicant also claims that he suffered mental anguish due to being charged twice. He quantifies the prejudice as follows: i. US Dollars Twenty Thousand ($20,000) for the moral prejudice suffered by the Applicant himself (caused by long imprisonment following an unfair trial, emotional anguish during the trial and imprisonment, disruption of his life plan, loss of social status, lack of contact with his family based in Cote d'ivoire, chronic illnesses and poor health due to lack and failure of treatment; and physical and psychological abuse); ii. US Dollars Five Thousand ($5,000) for the moral prejudice suffered as indirect victims by each of the family members and friends of the Applicant namely, Mr. Lambert Guehi (father), Ms. Esperance Houeyes (sister) and Ms. Elizabeth Mollel Lesitey (friend). 168. The Applicant also prays the Court to grant him compensation as a substitute to restitution as he cannot be returned to his situation before incarceration. 50 See Minani Evarist v. Tanzania, op. cit., §. 82. 40