***
186. The Court notes that the claim for US Dollars Fifteen Thousand ($15,000) being the
"monetary loss suffered by the Applicant's friends and family members due to his
undue detention" is not supported by evidence or justification. The Court further
notes that, in any event, the claim relates to the conviction, sentencing and
incarceration of the Applicant and does not therefore warrant damages as earlier
found. The Court consequently dismisses the request.
iii. Legal fees related to domestic proceedings
187. The Applicant claims the payment of US Dollars Two Thousand ($2,000) for legal
fees incurred during proceedings in domestic courts where he was represented by
Mara Advocates in the Court of Appeal proceedings. The Respondent State prays
the Court to reject the claim as the Applicant was represented by counsel on a pro
bono basis both before the High Court and the Court of Appeal.
***
188. The Court recalls that, in line with its case law, reparation may include payment of
legal fees and other expenses incurred in the course of domestic proceedings. 56
The Applicant must provide justification for the amounts c1aimed.'7
189. In the instant case, the Court concluded earlier that the violations found did not
fundamentally affect the conviction and sentencing of the Applicant. The alleged
loss is therefore not justified. Furthermore, the Applicant does not challenge the
Respondent State's submission that he was provided free legal representation in
the course of domestic proceedings. In any event, in absence of evidence to
support the claim, the same is dismissed.
See Norbert Zanga and Others v. Burkina Faso (Reparations), op. cit., §§. 79-93; and Reverend Christopher
Mtiki/a v. Tanzania (Reparations), op. cit., §. 39.
57 Norbert Zanga and Others v. Burkina Faso (Reparations), §. 81; and Reverend Mtikila v. Tanzania
(Reparations), op. cit., §. 40.
56
45