c00894
138. The Court considers that,
as earlier found, the violations established have
certainly affected the Applicant's wife and children, more particularly as he was
their breadwinner and the degrading treatment suffered was in the presence of
some of his children. However, the amount claimed is excessive. ln the
circumstances and based on equity, the court grants Tanzania shillings one
Million (TZS 1 ,000,000) to each of the indirect victims.
B. Non-pecuniary reparations
i. Restitution
139. The Applicant prays the Court to quash his conviction and sentence, and/or order
that he should be released
140. The Applicant also prays the Court to make an orderfor restitution. He avers
that
compensation should be paid in place of restitution given that he cannot be
returned to the situation before his deportation.
141. The Court notes, with respect to the prayer for the conviction and sentence to be
quashed, and/or the Applicant be released, that the Applicant was arrested
on g
June 2006, charged in court on 15 June 2006 and released on 16 June 2006
without being convicted. The related claims have consequenfly become moot.
142. Regardingtheprayerforcompensationinplaceof restitution,theCourtconsiders
that the generally accepted purpose of restitution is to bring ongoing violations to
an end and restore the Applicant in the state prior to the violations. This remedy
is therefore applicable where other measures such as compensation are not
relevant or sufficient. Measures ordered to that effect include, for instance, the
return of property or nullification of judgments.3z
32
Loayza-Tamayo v. Peru,lnter-American Court of Human R ights, Judgment on Reparations
and Costs
(27 November 19981; Papamich alopoutos
Greece, App No. 14556/89, European Court of Human
Rights, Judgment (Article 50) (Oct. 31,
95); Mohamm ed El Tayyib Bah v. Sierra Leone, Suit No
ECWCCJ/APP/20/'l 3, ECOWAS Com
nt ty Court of Jus tice, Judgment (May 4, 2015); and Genevieve
Mbiankeu v. Cameroon
34
u